Skip to main content

Full text of "The new charter of Baltimore City enacted by the Acts of 1898, Ch. 123; with all amendments and additions therto down to and including the Acts of 1914"

See other formats


•C / f Cr^ 



L^l 



THE NEW CHARTER 

OF 

BALTIMORE CITY 

Enacted by the Acts of 1898, Ch. 123 



With all amendments and additions thereto down to and including the Acts 
of 1914; and with an Appendix containing the Acts establishing 
the City's boundaries, the General Condemnation Law and 
the Agreement between Baltimore City and Balti- 
more County, as to the use of the Out-Fdl 
Sewer by Baltimore County, and with 
references to. and annotations 
of, decided cases. 



» o , a *a 



COMPILED UNDER THE DIRECTION OF 

S. S. FIELD, CITY SOLICITOR. 

BY 

HENRY W. WEEKS. 

FOR FIFTEEN YEARS CLERK OF THE LAW DEPARTMENT 
OF BALTIMORE, CITY. 

MAR '^ 4 19^^ 



.< 



BALTIMOEE CITY 

PBIXTING AND BINDING 

COMPANY. 



• . ' » - ' t V t ' 



. • • • ,'■• ' c 
» • • • *' < • 



« , • t « «,•'.• 






<f 



'<) 



V 



REPORT OF COMMISSION 



Baltimore, January 27, 1898. 

To the Honorable General Assembly of Maryland: 

The Commission appointed pursuant to the ordinance of the 
Mayor and City Council of Baltimore, approved iSTovember 24, 
1897, to draft a new Charter for the City of Baltimore, here- 
with, as directed by said ordinance, respectfully submit the 
result of their labors. 

After mature deliberation the Commission decided at the 
beginning of their work of preparing a new organic Act for 
the City of Baltimore, to be governed by certain well-defined 
and recognized principles relating to municipal government, 
which had been found in other cities to be beneficial and which 
it was thought were fundamental and necessary, if there were 
(C to be an improvement on the present law relating to the City 
of Baltimore. Some of these controlling principles were : 

1. To locate responsibility upon public ofiieials in such a 

. manner that it could not be evaded. 

^ O^ 2. To give representation to the minority party in all dc- 

^j;^ partments, when composed of more than one person, so that an 

opportunity might be given to the minority to scrutinize the 

actions of the party in power. 

3. To hold municipal elections at a dillerciit time from the 
State and Federal elections, in order to separate municipal 
affairs from the influence of the political issues wliich are neces- 
sarily involved in State and Federal elections. 

4. To require the appointment of experts in all departments 
where professional knowledge and skill are required. 

5. To grant the use of the streets and other public property 
for limited terms, and to the highest bidder, subject to the 
control and i-cgiilatioii of the city during tlie })eriod of the grant. 

0. To check hasty legishxtion, especially in matters relating 
to expenditure of tlie jniblic moneys, and to prohibit the creation 
of floating debts. 

7. To remove tlic public school system from all possible 
political iiilhicnce. 

8. To pla«-e the indigent sick and poor, when their treat- 
ment, care or support is paid for by the city, under the supervi- 
sion ot' city officials. 

210357 



IV 

The most advanced and improved forms of municipal govern- 
ment, as far as the Commission have been able to ascertain, have 
had incorporated in them the j)]acing of the power of appoint- 
ment in one person. It might well be urged that this is con- 
ferring too much power upon one man, that the appointing 
power in city government should be distributed ; but experience 
has shown that by centralizing the appointing power the respon- 
sibilitv for ofHcial conduct can at once be delinitely fixed. The 
Charter submitted places the power of appointing the heads of 
all departments and their respective sub-departments in the 
Chief Executive of the city, the ]\Iayor, where it properly be- 
lo]igs. The Commission have not taken the extreme position 
of making the Mayor absolute in regard to this pow-er of appoint- 
ment. His appointments must be confirmed by the Second 
Branch of the City Council. The power of appointing all 
subordinates and employees in the several departments and sub- 
departments is in each case lodged in the head of the depart- 
ment. The Commission have to this extent endeavored to carry 
out the single-executive-head system, which has been tried in 
other cities with good results. It is hoped with this system, 
as now recommended, the Mayor will be more careful in ap- 
pointing heads of departments or sub-departments, and the 
various heads so appointed will also be more careful in selecting 
competent subordinates. 

The principle of representation from the minority party in 
all departments, boards or commissions, where composed of 
more than one person, is carried out in the proposed Charter. 
This will not prevent the successful party at the municipal elec- 
tion from adopting and carrying out any policy or reforms 
which, in its judgment, might be right and proper, and will 
in no way interfere with the administration of public affairs 
by the successful party ; but it will afi'ord to the minority at all 
times a right of representation in the city government, and will 
give it an opportunity of scrutinizing the actions of the party 
in power. 

The feature of the spring elections is designed for the distinct 
purpose of separating the municipal elections from those of the 
State and Xation. It must be conceded that in order to make 
a good Mayor of a large and prosperous business centre like Bal- 
timore there is no inherent necessity for his belief in one rather 
than another of the principles which separate the leading politi- 
cal parties. The State and National questions are invariably 
discussed and made issues at all the ]S[ovember elections, and 
it is difiicult to remove from the influence of these discussions 



municipal ali'airs when the elections are held at the same time. 
The spring elections, it is hoped, will enable the citizens of 
Baltimore to eliminate everything from their municipal cam- 
paigns except that which pertains to the best business adminis- 
tration of the city, and will present to the voters an opportunity 
of electing such of the nmnicipal candidates as are most likely 
to ensure good municipal govermnent. 

The provisions of the Charter placing experts at the head of 
the various departments and sub-departments where profes- 
sional knowledge is recpiired, are expected to secure to the city 
the best service of men of competent knowledge and experience 
in the departments placed under their charge. The Commission 
have adopted the following general provision wherever expert 
knowledge is required : "He must have had at least five years' 
experience in, the active practice of his profession and have 
had responsible charge of work for at least that length of time." 
Exjjerts are required in the following offices: City Engineer, 
Water Engineer, Harbor Engineer, Inspector of Buildings, and 
Commissioner of Health. ]t was deemed advisable for tlie best 
interests of the city to put the entire subject of public improve- 
ments under the direct control and supervision of a lioard of 
experts, styled the Board of Public Improvements. On this 
Board the Charter submitted, places three civil engineers and 
an architect, and all matters are referred to them when involv- 
ing questions of new public buildings, additional harbor facili- 
ties, a sewei-age system, extension or improvement of streets, 
the erection of l)ri(]ges and other similar work. 

The proposed Charter requires that the grant ol' i'ranchises 
or rights in, over or under the streets or in othei- ])ublic property 
shall be made fm- (Hily limited periods ( twenty-tive years), and 
also provides that in all ordinances granting sucli franchises or 
rights provision can be made for the reverting to tlic city at 
the expiration of tli(> grant, of the plant and its appurtenances, 
and gives power to the city to operate and control the same, if it 
should prove desirable. All franchises or rights in the liigiiways 
of the city are to Ik^ sold under the supervision of the Board of 
Estimates. Under no circumstances can the city divest itscit 
f the right or ])owci- to regnlate tln^ ex(>rcise of the fi-ancliisc 



o 



<ii" right granted 



The Connnissioiicrs haxc also endeavored t(» pi'otect the pnblu* 

interests In relation to the linances of the city hy the provision 

ot' the proposed Charter in regard to the P)oard of Estimates. 

Ihls Board is composed of the highest officials of the city govern- 

irif nt, that is to sav. the Mavor, who is tlie chief execntiv<' officer 



VI 



of the city Jiiid elected by the people ; the City Solicitor, who is 
appointed by the Mayor and is the head of the Law Department, 
and who will always be a prominent member of the bar; the 
Comptroller, who is also elected by the people and responsible 
to them, and who is the head of the Finance Department ; the 
President of the Second Branch of the City Conncil, a represen- 
tative member from the legislative branch of the city govern- 
ment, and, finally, the President of the Board of Public Im- 
provements, who is the City Engineer, and wall be an expert in 
engineering. It is believed that by this strong combination of 
leading city officials, representing every branch of the municipal 
government, the financial interests of the city will be carefully 
guarded and that the welfare of the citizens will always be the 
controlling motive in the deliberations and actions of the Board. 
The duties of this Board are comprehensive in their nature 
and include the general control of the financial policy of the 
city. In the preparation of the lists of ''Departmental Esti- 
mates," "Estimates for New Improvements" and "Estimates 
for Annual Appropriations," called for by the proposed Char- 
ter, the entire appropriations of public funds are embraced. 
It may, therefore, be expected that the composition of this Board 
of the highest municipal officers and representatives of the city 
government will furnish a guarantee in the future against ex- 
travagance and the reckless expenditure of public moneys. The 
provisions of the Charter submitted relating to the Board of 
Estimates are sufficiently comprehensive to furnish to the 
municipality opportunities for a safe and conseiwative financial 
policy and to prevent the public debt from advancing beyond a 
safe per centum of the taxable basis. Ample provisions are 
made for conducting the city government, and no floating debt 
can be created. The Board of Estimates, in the ordinance they 
annually submit, providing for the expenditures by the city 
for the ensuing year, take into consideration all the disburse- 
ments, and if the income is insufficient to meet these expendi- 
tures there must be a pro rata reduction in all departments. If 
there is a surplus it must be paid over to the Finance Commis- 
sioners to be credited to the general sinking fund. By this 
provision it is hoped that the sinking fund will be greatly bene- 
fited. When any ordinance for public improvements exceeding 
in cost the sum of $2,000 has passed its first reading in either 
Branch of the City Council it shall be referred to the Board of 
Public Improvements for their opinion as to whether or not the 
wants of the city require the improvement mentioned in the 
ordinance submitted, and when this Board give their report 



vu 



on this ordinance it is then referred to the Board of Estimates 
for their opinion as to whether or not there is or will be sufficient 
money in hand to pay for the contemplated improvement. Until 
both of these Boards report upon the ordinance it cannot become 
valid. It will be readily seen that in this manner hasty legisla- 
tion will be checked, and it is probable that only such ordinances 
for public improvements will be passed for which there is suffi- 
cient cash on hand to pay and which the requirements of the 
city demand. By these provisions it is believed a step will be 
taken in the direction of a regular and systematic reduction 
of the enormous debt which now hangs over the Citv of Balti- 
more and a check placed upon the expenditure of its money, so 
as to keep the expenses and appropriations of the city govern- 
ment entirely within its means. 

The provisions of the proposed Charter relating to the public 
school system have been framed after careful consideration and 
research respecting the systems in force in various cities of im- 
portance. It provides for the appointment of the School Com- 
missioners, nine in number, by the Mayor, subject to confirma- 
tion by the Second Branch, for a term of six years each, three of 
them to retire at the end of everv two vears. It is submitted 
that a long term, together with the other provisions which have 
been inserted, will cause the affairs of the schools of Baltimore 
to be administered by competent men, independent of partisan 
and ecclesiastical ties. The endeavor has been made to secure 
three things : First, oversight of the schools by a Board of Com- 
raipsioners so selected as to ensure conservative administration 
and full responsibility; second, attention to the details of school 
management by a body of qualified superintendents, and, third, 
the maintenance of popular interest in the public schools by 
means of a large number of local school visitors, one or more of 
them from the immediate neighborhood of each school-house. 

The Charter submitted gives to the city a supervision over 
all persons who come under the class of indigent sick and poor. 
All money appropriated by the city for the care of its poor 
shall be by contract with the various institutions which care and 
provide for the poor of Baltimore. No money is to be appro- 
priated except under contract, and the Supervisors of City 
Charities are to have supervision over all persons who are sub- 
jects of municipal aid. 

The Legislative Department remains substantially as at pres- 
ent, except that the Second Branch is smaller, and that one-half 
are always old and experienced members. The legislative func- 
tions of the City Council are in no wise impaired. Not ono cent 



Vlll 



of the public money can be spent until the City Council, by ordi- 
nance, makes an appropriation. 

The Commission have had before them the great need of 
increased revenue to meet the constantly growing wants of the 
city. To this question the members of the Commission have 
given their most serious thought. Taxes today are burdensome 
on the owners of land and houses, and to meet the wants of the 
city this burden must be largely increased unless the revenue 
of the city can be increased from other sources. The Connnis- 
sion have proposed to so modify the law as to give to the city all 
the fees collected by it from liquor licenses. A Supplementary 
Act accompanies the Charter, providing that the counties shall 
retain the fees collected by them from the same source. The 
Commission feel that they would not be performing their full 
duty if they did not urge upon the Legislature the necessity for 
this change and the adoption of the provisions as to these fees 
contained in the proposed Charter. 

Another Supplementary Act provides for certain limitations 
on the power of the city as to contracting debts. This provision 
is a proper one and should be adopted. 

The Commission believe that the Charter herewith submitted 
will, if adopted, remedy many of the faults of the old law, and 
provide such a law as will materially contribute to the future 
development and prosperity of the great metropolis of Mary- 
land. 

William Pi?s'kxe\' Why'/e^ ('Jii(inn(i)i . 

Feedixand C. Latkobe, 

Daniel C. Gilman, 

Samuel D. Schmucker, 

Geoege R. Gaither, Jr., 

Thomas Irelakd Ellk^tp, 

Thomas G. Hayes, 

Lewis Putzel, 

Neiu Charter (JommisHion, 

Frederick T. Dorton, Secretary. 



CONTENTS. 

I. CHARTER. 

sections 

1. Mayok axd City Council of Baltimore 1-15 

(a) Corporate Name. Power to Hold rropcrty. Annex. 1-5 

(b) General Powers 6-6B 

(c) Franchises 7-13 

(d ) Contracts with the City 14-15 

2. Mayor 1(J .iO 

3. Executive Department 31 

(a) Department of Finance 3U 

1. Comptroller 33-34 

2. City Register 35-35a 

3. Board of Estimate!. 3(5-40 

4. Commissioners of Finance 41 

5. City Collector 42-5SB 

6. Collector of ^Yater Rents and Licenses 59 

( h ) Department of Law UO 

City Solicitor 61-07 

(c) Department of Public Safety ()8 

1. Board of Fire Commissioners (59-70 

2. Commissioner of Health 71-78 

3. Inspector of Buildings 79-82 

4. Coniniissiciner of Street Cleaning S3 

{d) Deiiaitment of Public Iniiirovenients 84-85 

1. Highways Engineer 86-86D 

2. Water Board 87-87A 

:',. narl)()r Board 8S 

4. Inspector of Buildings .S9 

(e) Department of Public Paiks and Sijuares 90 

Board of Park Commissioners 90-!<8b 

(/) Department of Education 99 

P>oard of School Commissioners 99-102S 

( y I 1 »(|)artment of Charities and Corrections 103 

1. SujK'ivisors of City Charities 104-1 17 

2. Visitors to the Jail 118-144 

(/'I Department of Review and Assessment 145 

1. Ajipeal Tax Court MO-Hl 

2. Commissioners for Opening Streets 172-iyi)a 



X 

SECTIONS 

( i) Division Embraciug Municipal Officers Not Included 

in Any Department 196 

1. City Librarian 19(5-200 

2. Commission on City Plan 200A 

3. Art Commission 201-203 

4. Superintendent of Lamps and Lighting 204 

5. Surveyor 205 

G. Constables 206 

7. Superintendent of Public Buildings 207 

S. Public Printer 208 

9. Department of Legislative Reference 208A-208C 

4. Legislative Department 209-222 



n. MISCELLANEOUS LOCAL LAWS. 

1. Advertisements 222a-208b 

2. Arbitration — Court of 223-225 

3. Arbitration Committee of the Corn and Fi.our Exchange 226-22S 

4. Assault and Battery 229-231 

5. Auctions 232-278 

6. Bail 278a-278k 

7. Bills of Exchange and Promissory Notes 279-279c 

S. Buildings 280-280a 

9. Carriages, Horses and Automobiles 281-293 

10. Coroners, Inquests and Dead Bodies 294-299 

11. Courts 300 

(a) Superior Court, Court of Common Pleas, and Bal- 
timore City Court 300-322 

( & ) Circuit Court of Baltimore City 323-324 

(c) Circuit Court No. 2 of Baltimore City 325-327 

(d) Criminal Court of Baltimore 328-351 

(e) Orphans' Court 352-353A 

(/) Register of Wills 354-356 

(g) Clerks of Law Courts of Baltimore City 357-366 

(h) Clerk of the Criminal Court of Baltimore 367-368 

(i) Clerk of the Circuit Court of Baltimore City, and 

of the Circuit Court No. 2 of Baltimore City... 369 

{)) Salaries of Clerks of Courts 370-371 

(fc) Criers, Bailiffs, Watchmen and Stenographers... 372-382 

H) Sheriff 383-386 

(m) Witnesses, Docket Entries and Records 387-388 

(n) Costs 389 



SECTIONS 

V2. Deaf, Dumb axd Blind 395-400 

13. Destroying Property Maliciously 401 

14. Examining Engineers 426-430 

15. Perries 431-437 

IG. Fines and Forkeituues 438-444 

17. Fire 455 

(a) Fire Department 445-448a 

(b) Oil and Illuminating Fluids 449-456 

IS. Fish 457 

19. Gas Companies 458-462c 

20. Harbor, Docks and Wharves 463 

(a) Harbor 463-466 

(&) Docks 467-469 

(c) Wharfinger and Wharves 470-479 

{d) Harbor Board 480-485 

21. HEAJ.TH 486 

(a) Nuisances 486-492 

(b) Athletic Fields, etc 492a 

(c) Chemical Laboratories 493 

id) Children's Playgrounds 493a-493c 

(e) Hospitals for Infectious Diseases 493d-493g 

(/) Infants in Improper Homes or Care 493h-4931 

ig) Seats for Female Employes in Stores or Factories. 505-506 

(h) Tenement and Lodging Houses 507-508 

(t) State Board of Commissioners of Practical Plumb- 
ing 509-515 

22. Horseshoeing 515a 

(a) Board of Examiners of Horseshoers 515b-515f 

23. Hours of Labor 516-516c 

24. Houses of Refuge and Reformation 517-518 

25. l.M .MIGRANTS 519-531 

26. Inspections, Weights and Measi-res 532 

(a) Barrels 532-584 

(?>) Coal 535-540 

(c) Gas Meters 541-543 

(d) Gangers of Casks and Liquors 544-551 

(e) Hay and Straw 552-570 

(/) Manure 571 

(g) Stoani Boilers 572-589 

(//) Wood Carts 590-599 

27. .Jo.NKs" Palls 600-601 



Xll 

SECTIONS 

28. JuKOKS 602-620 

(« ) Pay of Jurors 621 

(b) Volunteer Militia Exempt from Jury Duty 6'22 

29. Justices of the Peace axd Constables 623-649 

30. Landlord and Tenant 650-656* 

31. Larceny 656a-656c 

32. Legislative Districts 656d-657 

33. Boundaries of Legislative Districts 657A 

34. Councilmanic Districts 657B 

35. Licenses 658 

(a) Billiards 65S-660d 

(&) Horse Dealers 661-663 

(c) Installation of Electrical Apparatus and Wiring. 663a-663q 
■ (d) Liquors and Intoxicating Drinks 664-691 

(e) Moving Picture Machine Operators 691a-691i 

(/) Pavpnbrokers 692-693 

ig) Merchandise Brokers 694 

(h) Real Estate Brokers 695-700 

(i) Stevedores 700a 

(./) Duty of Sheriff and Clerk of Court 701-702 

36. Mariners and CHARrrABLE Marine Society of Balti- 

more 703 

37. Markets 704-719 

38. Mortgages 720-732A 

39. Municipal Liens 732A 

40. Notaries Public 733-734 

41. Oysters 735 

42. Parks and Squares 736-739a 

43. Park Improvement Loan 739b-739f 

44. Police Commissioners 740 

(a) Organization of Force 740-764 

(b) Matrons at Station Houses 765-768A 

(c) Militia 769 

(d) Patrol Wagons 770 

(e) Physicians to the Police Force 771-773C 

(/) Races 774 

(g) Registration of Voters 775 

( /( ) Special Fund 776-780 

(i) Long Bridge 781 

(j) Telegrapli to House of Correction 782 

(k) Thiexes and Pickpockets 783-784 



Xlll 

SECTIONS 

(7) Personating' I'olieemeu 785 

(w) New Station Houses 7S6-7SS 

45. I'KATT Free Library 789-790 

46. Railroads 791 

(« ) Safety Gates 791-70;i 

{b) Hours of Labor 793-705 

(c) Street Railway Fares 79(5 

(d) I'ark Tax 797-S0<) 

(e) Railway Easements in Annex 800a-800b 

(/) Railway Area Paving 800c-800d 

(g) Prohibiting Tracks on Certain Streets 801-801d 

47. Records 802-805 

48. Sabbath 806-807 

49. Schools 80S 

(a) Intestates' r:states 808-813 

(ft) Johns Hopkins University 814-815 

(c) McDonogh Educational Fund and Institute 816 

50. Tkxt Book Upon Civil Government 816a 

51. Sewers 817-824 

52. New SEWKKAcrn System S24a-824n 

53. Sheriff's Fees 825 

54. Stocks, Loans and Finance 826 

55. Civic Centre and Parks 826a-826f 

56. Contagious Diseases Hospitai 826g 

57. Electrical Commission 826h-826i 

58. Harbor, Docks and Wharves 826j-826o 

59. Jones Falls Imi'Hovkmknt — Fallsway 826p-826t 

60. Municipal Lighting Plant 826u 

61 . PoLic E Station Houses 826v 

62. Schools 826w 

63. Sinking Fund Bonds 826x-826y 

64. Water Sm-iv I.mi'Rovk.mi.ni 826z-826oo 

65. Strep:ts, Bridges and Hlghwavs N27 

(a) OiK'iiint,' Streets 827-833 

(h) .\(.itli Avenue 838 

(c) Bridges and ni>,'hways 839-841 

66. GitAiics oi Strii.is 833a-837a 

67. Yoi:i< RoAK 838a 

68. .New Boundaic^ Avenue 838b 



XIV 

SECTIONS 

69. Annex Improvement Loan and Commission 841a-841t 

70. Paving Commission, etc 841u-S41dd 

71. Street Dirt, Sweepings and Garbage 841ee 

72. Special Paving Tax 841fE-841ii 

73. Surveyor 842 

74. Taxes 843 

75. Tenants for Years or Less, or at Will 844-864 

76. Vagrants, Paupers, Beggars, Vagabonds and Disorderly 

Persons 865-880 

77. Vagrant Children 881-884 

(o) Boys' Home 885 

(b) St. Martha's Episcopal House 885a 

(c) Dolan Children's Aid Society, etc 886 

((f) Hebrew Orphan Asylum 889 

(c) Home of the Friendless 890-894 

(/) Protestant Infant Asylum 895 

(g) Probation Officers 886A-886F 

78. Waitresses in Places of Public Amusement 900-901 

79. Water 902-906 

{a) Lake Roland, Reservoirs aad Dams 902-906 



ACT OF 1898, 

CHAPTER 123. 

AN ACT TO Repeal Article 4, entitled "City of Balti- 

MOKE," OF THE CoDE OF PuBLIC LoCAL LaWS OF MARY- 
LAND, AND THE Several Acts and Parts of Acts 
Amendatory Thereof, and to Re-Enact said Article 
4, with Amendments, Under Two Sub-Titles, to be 
Known as "Charter" and "Miscellaneous Local 
Laws." 

Section 1. Be it enacted hy the General Assembly of Mary- 
land, That Article 4, entitled "Citv of Baltimore," of the Code 
of Public Local Laws of Maryland, and the several Acts and 
parts of Acts amendatory thereof, be and the same are hereby 
repealed, and the said Article 4 is hereby re-enacted, with 
amendments, under two sub-titles to be known as "Charter" 
and "Miscellaneous Local Laws," so as to read as follows : 

ARTICLE IV. 

CITY OF BALTIMORE 

CHARTER 



MAYOR AND CITY COUNCIL OF BALTIMORE. 

Corporate Name, Power to Hold Property, Annex. 
P. L. L., (1860) Art. 4, sec. 1. P. L. L., (1888) Art. 4, sec. 1. 

1. The inliabitants of the City of Baltimore are a corpora- 
tion, by the name of the "Mayor and City Council of Balti- 
more," and by that name shall have perpetual succession, may^ 
sue and be sued, may purchase and hold real, personal and 
mixed property and dispose of the same for the benefit of said 
city, as herein provided, and may have and use a common seal, 
which may be altered at pleasure. 

Mayor & C. C. of P.alto. v. State, 15 Md. 376. State v. Graves. 10 Md. 
351. Horn v. Mayor & C. C. of Balto., 30 Md. 21S. Pimipluey v. 
Mayor, &c., of Balto., 47 Md. 145. Ireton v. Mayor, &c., of Balto., 61 
Md. 432. DuRan v. Mayor, &c., of Balto., 70 Md. 1. Balto. City v. 
Merryman, 86 Md. 591. Balto. City v. Gorter, 93 Md. 6. Davidson v. 
Balto. City, 96 Md. 511. Balto. City v. Beck, 96 Md. 190. 

As to powers of the municipal corporation generally, see M. & C. 
C. of Balto, V. Howard, 20 Md. 335. Mayor, &c., of Balto. v. Poultney, 
25 Md. 107. Mayor, &c., of Balto. v. Groshon, 30 Md. 436. Hagerstown 
V. Seliner, .'57 Md. ISO. (JrcfT v. Mayor, 44 Md. 67. Mayor, &('., of Balto. 
V. Reitz, 50 Md. 574. Ileiykell v. Mayor, 65 Md. 148. Stati; v. Rowe, 72 



Md. 548. Lake Rol. Elv. R. R. Co. v. Balto., 77 Md. 352. Revell v. 
Annapolis, 81 Md. 1. M. & C. C. of Balto. v. Keeley Inst., 81 Md. 106. 
Mealey v. Hagerstown, 92 Md. 741. Packard v. Hayes, 94 Md. 233. Mur- 
doch V. Strange, 99 Md. 104. Cambridge v. Water Co., 99 Md. 502. 
-See note to sec. 1, Art. 1 (Statutes) City Code (1879). 
City may be sued in the County for trespass to real estate. 

Baltimore v. Turnpike Company, 104 Md. 351. 
Southern boundary of city extends to limit of any pier built from city 
side into river. 

West. Md. Co. V. City, 106 Md. 561. 
But jurisdiction does not extend over floating piers or vessels, moored 
to shore. 

Treuth v. State, 120 Md. 257. 
In transitory actions city must be sued in its own Courts. 
Phillips v. M. & C. C, 110 Md. 431. 

P. L. L., (1860) Art. 4, sec. 2. P. L. L., (1888) Art. 4, sec. 1. 

1888, ch. 111. 

2. All the property and franchises of every kind belonging 
to, or in possession of the Mayor and City Council of Balti- 
more are vested in said corporation. The said corporation may 
receive in trust, and may control for the purposes of such trust 
all moneys and assets which may have been or shall be bestowed 
upon it by will, deed or any other form of gift or conveyance in 
trust for any general corporate purpose, or in aid of the 
indigent poor, or for the general purposes of education or for 
charitable purposes of any description within the said city, 
and the said corporation may' dispose of, in the manner and 
upon the terms in this Article provided, any property belong- 
ing to it. 

Itlxrs. of McDonough v. Murdoch, 15 Howard 413. Darlington v. 
Mayor & C. C. of Balto., 51 Md. 1. Gregg v. Mayor & C. C. of Balto., 
56 Md. 256. Barnum v. Mayor & C. C. of Balto.. 62 Md. 275. David- 
son V. Balto. City, 96 Md. 511. Cf., Johnson v. Frisbie, 29 Md. 76. Kil- 
patrick v. Mayor, 81 Md. 179. 

The legislature possesses wide powers of control and legislation over 
the City of Baltimore, but its power is not absolute and unlimited. 

Thrift v. Laird, 125 Md. 55. 

P. L. L., (1888 )Art. 4, sec. 4. 1888, ch. 98. 

3. All the provisions of the Constitution of the State and 
of this Article shall be applicable to the portions of Baltimore 
County, which, under the terms and provisions of the Act of 
1888, Chapter 98, have been annexed to the City of Baltimore. 
All streets, avenues or alleys lying in any portion of Baltimore 
County, which, under the provisions of said Act of 1888, 
Cliapter 98, became a part of Baltimore City, and which shall 
have been legally condemned as streets under the provisions 



3 

of the Acts of Assembly of Maryland relating to streets in 
Baltimore County, shall be held to be validly constituted streets 
of Baltimore City in all respects as if the same had been legally 
condemned as such by the Mayor and City Council of Balti- 
more ; and all proceedings for the laying off, opening, grading 
and construction of streets, avenues or alleys, which shall hsLve 
been begun under Article 3, of the Public Local Laws, title 
"Baltimore County," sub-title ''Streets," shall be proceeded 
with and completed under said Article and sub-title. 

Daly V. Morgan, 69 Md. 460. Chilton v. Brooks, 71 Md. 452. Mur- 
giondo V. Hoover, 72 Md. 12. 

As to effect of Annexation Act on rights of turnpike companies In 
bed of streets in annexed territory and powers of the Mayor and Citj 
Council of Baltimore in relation to streets occupied by such companies, 
see, 

Baltimore & Jerusalem Turnpike Co. v. Mayor & C. C. of Balto., Daily 
Record, April 24, 1890. Roberts v. Loyola Perm. Bldg. Asso., 74 Md. 1. 
Murphy v. McEney. 77 Md. SO. Mayor & C. C. of Balto. v. Turnpike 
Co., 80 Md. 541. Ulmau v. Charles St. Ave. Co., 83 Md. 138. Park 
Tax Case, 84 Md. 1. Baltimore City v. Broumel, 86 Md. 155. U. Rys. 
Co. V. Hayes, 92 Md. 490. Upshur v. Baltimore, 94 Md. 754. Balta 
City V. Balto. Co. Water & Elec. Co., 95 Md. 241. 

1908, ch. 286. 1888, eh. 98. P. L. L. (1888) Art. 4, sec. 5. 
4. All personal property situated or held in the territory 
annexed to Baltimore City by the Act of 1888, Chapter 98^ 
shall be subject to levy, taxation and assessment in the same 
manner and form, and at the same rate of taxation as property 
of similar character or description within the old limits of said 
city may be subject. It shall be the duty of the Appeal Tax 
Court of said city, as soon as possible after this section of this 
article takes effect, to divide all the real and leasehold property 
in said territory into three separate classes, to be known as 
urban, suburban and rural property, for the purposes of city 
taxation for the year 1909, and to revise said classification 
annually thereafter for city taxation on or before October 1st 
of each and every year for succeeding years in accordance with 
the following classification, said three classes to be defined and 
subject to city taxation as follows: (1) All real and lease- 
hold property in said territory which is now legally liable; to 
full city taxation, and all real and leasehold property situated 
in said annexed territory, located in a block of ground not 
exceeding 200,000 superficial square feet, formed and houndc*! 
on all sides by inters(;('ting streets, avenues or alleys, opened, 
graded, curbed and otherwise improved froTU curb to curb by 
pavement, macadam, gravel or other substantial material, sliall 
be cla.ssified as urban property, and shall be subject to the same 



rate of city, taxation as real and leasehold property within the 
old limits of said city may be subject. (2) Every lot, or piece 
of real and leasehold property to a depth not exceeding 200 
feet, situate in said territory, which fronts, binds or abuts on 
any public street, avenue or highway, lighted at public expense, 
and completely paved from curb line to curb line, including 
gutters, with bitulithic, asphalt, asphalt blocks, belgian blocks, 
vitrified bricks, macadam in good condition as heretofore laid 
before this section of this article took effect, or if laid subse- 
quent thereto, laid without direct assessment for the cost thereof, 
in whole or in part, upon the abutting property owners, unless 
the owners of a majority of front feet of property binding upon 
said street, avenue or highway, or the part thereof to be paved, 
expressly assent to said direct assessment, and laid in accordance 
with existing standards of proper macadam construction as 
laid under the supervision of the City Engineer, or other 
improved pavement (or with cobblestones laid before this sec- 
tion of this article took effect, or laid subsequent thereto upon 
the assent of the owners of the majority of the front feet of 
property binding upon said street, avenue or highway, or the 
part thereof to be paved), as distinguished from earth or gravel, 
which streets, avenues or highways are continuously connected 
by public or private streets, roads, avenues or highways (other 
than turnpikes upon which tolls are charged within the limits 
of said city) paved from curb line to curb line, including gut- 
ters, with bitulithic, asphalt, asphalt blocks, belgian blocks, 
vitrified bricks, macadam or other improved pavement or cobble 
stones, as distinguished from earth or gravel, with the territory 
embraced within the old city limits, shall be classified as subur- 
ban property, and shall be subject, for the purposes of city 
taxation to a rate equal to two-thirds of the rate to which urban 
property may be liable, but in no year shall the rate for subur- 
ban property exceed that of one dollar and thirty cents f $1.?>0) 
on the one hundred dollars ($100) of the assessed value of such 
suburban property. (3) All real and leasehold property in 
said annexed territory which does not come under either the 
classification of urban or suburban property, as hereinbefore 
defined, shall be classified as rural property, and shall be sub- 
ject, for the purposes of city taxation, to a rate equal to one- 
third of the rate to which urban property may be liable, but in 
no year shall said rate be less than the rate of sixty-five cents 
on the one hundred dollars ($100) of the assessed value of 
such rural property; provided, that all taxes levied or assessed 
in said annexed territorv prior to the lew and assessment to 



be made for the year 1909 shall be subject to the provisions of 
the Act of the General Assembly of Maryland, Chapter I.'IO, 
Acts 1902, and all other laws in force relating to the levying 
and assessment of taxes in said annex prior to the passage of 
this Act. All the easements and rights of way of railroads and 
the tracks or other structures erected thereon, and all easements 
or other property located in, on, under or over the streets, roads, 
avenues, alleys, highways, or ways in said annexed territory, 
shall be and hereafter remain subject to taxation as now or 
hereafter provided by law. 

Daly V. Morgan, 69 Md. 460. Sindall v. Mayor & C. C. of Balto., 93 
Md. 526. U. Rys. & Elec. Co. v. Balto. City, 93 Md. 630. Balto. Belt 
R. R. Co. V. Baltimore, 93 Md. 638. Goebel's Case, 93 Md. 749. Kuenzel's 
Case, 93 Md. 750. Gittings v. Baltimore, 95 Md. 420. Baltimore City v. 
Poole, 97 Md. 71, 72. Joesting v. Balto. City, 97 Md. 590. 0/., Groif v. 
Mayor, 44 Md. 67. Baltimore v. Rosenthal, 102 Md. 298. United Rail- 
ways, etc. Co. V. Baltimore City 93 Md. 630. Joesting v. Baltimore City, 
97 Md. 591. Storck v. Baltimore City, 101 Md. 476. M. & C. C. of Balto. 
V. Rosenthal, 102 Md. 298. Hiss v. M. & C. C. of Balto.. 103 Md. 621. 

For classification at full rate streets must be public. Rubblestone 
gutters are sufficient curbing within the meaning of the Act. 
Smith V. Baltimore, 120 Md. 143. 

Passes upon size of block in Annex, and condition of the paving, to 
bring block under full city rate of taxation. 

M. & C. C. V. Harris, 113 Md. 227. 

Defines a block for taxation in the Annex. 

M. & C. C. V. Knell, 111 Md. 583. 

4A. Kepealed by Act of 1908, Chapter 286. 

p. L. L., (1888) Art. 4, sec. 0. 18S8, ch. 98. 1890, ch. 468. 

5. The annexation to the City of Baltimore of the territory 
described in the Act of 1888, Chapter 98, shall not aifect the 
right of any turnpike or toll-road company heretofore char- 
tered by this State from collecting tolls upon such parts of 
their said roads as lie within .said territory, nor shall any provi- 
sion in the charter of said companies which prohibits the erec- 
tion of a toll gate within one mile of Baltimore City, operate to 
require the removal of any toll-gates now located within said 
territory. But the Mayor and City Council of Baltimore shall 
have the power to purchase or condemn from said coni])anios 
such portions of their several turnpike roads as lio with in the 
city, or to arrange with the said companies for tlic iciuoval of 
their turnpike gates beyond the city limits, and to appropriate 
such sums of money as may be necessary to carry ont these 

objects. 

M. & C. C. of BiiUimoro v. Turnpike Co., 80 Md. 541. Ilhnan v. 
Charles St. Ave. Co., 83 Md. 138. 



6 

ge:n^eral powers. 

6. The Mayor and City Council of Baltimore shall have 

full power and authority: 

Baltimore City v. Gorter, 93 Md. 1. 
The legislature possesses wide powers of control and legislation over 
the City of Baltimore, but its power is not absolute and unlimited. 

Thrift V. Laird, 125 Md. 55. 

(1) BUILDINGS. 

P. L. L., (ISOO) Art. 4, sees. 29, S23, 8G4, 943. P. L. L., (1888) Art. 4, 

sees. 121-124. 1892, eh. 10. 1904, ch. 616. 1906, 

ch. 797. 1910, ch. 704. 

To direct in what part of Baltimore City buildings of wood 
shall not be erected ; to regulate and establish the size of bricks 
that are to be used in the houses to be built in the City of 
Baltimore ; to provide for the entry into and examination of all 
dwellings, lots, yards, inclosures and buildings, cars, boats and 
vehicles of every description; to ascertain their condition for 
health, cleanliness and safety; to regulate the building and 
maintenance of party walls, partition fences, parapet and lire 
w^alls, smoke flues, fire places, hot-air flues, boilers, kettles, 
smokestacks and stovepipes. To provide for and regulate the 
safe construction, inspection and repairs of all private and 
public buildings within the city; and to compel the consump- 
tion of smoke and make such regulations as may be deemed 
necessary to prevent the same from becoming deleterious or 
offensive to health. To take down and remove, or make safe 
and secure, any and all buildings, walls, structures or super- 
structures, at the expense of the o^vners thereof, that are or 
may become dangerous, or to require their owners or agents to 
take dovni and remove them, or put them in a safe and sound 
condition at their o\\ai expense ; to make any and all costs and 
expenses incurred in, about the taking down and removal, of 
making safe and secure of all buildings, walls, structures or 
superstructures, as aforesaid, a lien upon the interests of the 
owners in the land or improvements, or both, and to provide 
for the enforcement of such liens by sale of the property, 
whether real or personal ; to regulate, restrain or prohibit the 
erection of wooden or frame buildings within the present limits 
of the city, and to remove the same at tlie o^vner's expense when 
erected or suffered to remain contrary to law or ordinance ; to 
regulate the height, construction and inspection of all new 
buildings hereafter erected in said city ; and the alteration and 
repairs of any buildings already erected, or hereafter to be 
erected in said city ; and the ordinance regulating the construe- 



tion and inspection of buildings in said city passed by the City 
Council and approved by the Mayor October 23, 1891, is hereby 
authorized and legalized in the same manner as if full authority 
had been given by the General Assembly for the passage of 
the same prior to its enactment ; to regulate the limits within 
which it shall be lawful to erect any steps, porticos, bay win- 
dows, bow windows, show windows, awnings, signs, columns, 
piers or other projections or structural ornaments of any charac- 
ter for the houses fronting on any of the streets, lanes or alleys of 
said city ; provided, however, that within that part of Baltimore 
City actually consumed by the great fire of February 7 and 8, 
1904, it shall be unlawful to erect upon the streets, lanes and 
alleys of the city, between the grade of the sidewalks and a 
point ten feet above such grade, any such awning, step, portico, 
bay window, bow window, show window, sign, except signs 
placed against buildings and not extending more than two inches 
therefrom, column, pier or other projection or structural orna- 
ment of any character, except the stone bases of pilasters for 
ornamental and architectural effect, not exceeding more than 
eight inches from the building line. 

Mayor v. Radecke. 49 Md. 217. Garrett v. Janes. 65 Md. 260. Town- 
send. Grace & Co. V. Epstein, 93 Md. 537. Bostock v. Sams, 95 Md. 400. 
Storck V. Mayor, etc. Baltimore, 101 Md. 476. 

In the Storck case, above cited, the Act of 1904, ch. 616, was declared 
inoperative as to that part of the city outside of the "Burnt District." 
The first proviso in section 6 of the City Charter, title "General Powers," 
sub-title "Buildings," as re-enacted by said Act, was declared void for 
luicertainty, and the second proviso thereof void as beins arbitrary 
and unreasonable. The object of the Act 1906, ch. 797, was to modify 
the paragraph relating to buildings so as to conform lo the decision of 
the Court of Appeals in the Storck case. 

For furthei- cases relating to building matters, covered by the para- 
graph of section 6 in relation to buildings, see, — 

Barry v. Edlavitch, 49 Md. 217. Dorsey v. ITabersack. .S4 Md. 117. 
Serio v. Murphy, 99 Md. 545. 

(2) CARKTAGES. 

p. L. L., (1S60) Art. 4. sees. 13S, 1.39, 86.3. ISSO, ch. 69. P. T>. L., 
(ISSS) Art. 4. sees. 1.32-1.34. 

To license and regulate all carriages and other vehicles owned 
or used for the pui'pose of business or pleasure, and also all 
hackney coaches, carriages, carts, drays, omnibuses, wagons and 
other vehicles, kept for liiie or hired in said city, and also to 
license and regulate the (■iiij)loyment of all hackmen, draymen, 
wagoners, carters, porters and wat(!rmen, plying for hire within 
the limits, and to pass all necessary and projx'r regnlations re- 
specting the same; provided, however, llial all revenue arising 



8 

from said licenses shall be applied to the paving or repaying of 
the public highways of the city. Every carriage, coach or other 
vehicle moved by horses or other animal power, which shall 
be used for the conveyance of persons within the city of Balti- 
more for hire or compensation, shall be deemed a hackney 
carriage. To regulate the breadth of the wheels of wagons, 
carts and drays to be used for hauling burdens on the streets 
of said city, but such regiTlations shall not affect persons hauling 
produce to said city. 

' Vansant v. Harlem Stage Co., 59 Md. 330. State v. Rowe, 72 Md. 
552. Mason v. Cumberland, 92 Md. 451. 

(3) CHIMNEYS, 

p. L. L., (1860) Art. 4, sec. 150. P. L. L., (1888) Art. 4, sec. 148. 

To license and regulate the sweeping of chimneys and fix 
the rates thereof, and to regulate the sweeping of any chim- 
ney by the neglect of which the city may be endangered, and 
to ascertain and regulate the width of those to be built in the 
city. 

(4) COI^DEMNATIO:^ OF PKOPEKTY. 

1892, ch. 307. P. L. L.. (1888) Art. 4. sec. 14Sa. 1906, cli. 397. 1906. ch. 

402. 1908, ch. 166. 

To acquire by purchase or condemnation any land or any 
interest therein which it may require for school-houses, engine- 
houses, court-houses, markets, streets, bridges and their ap- 
proaches, the establishment or enlargement of parks, squares, 
gardens or other public places, the establishment of esplanades, 
boulevards, parkways, park grounds or public reservations, 
around, adjacent, opposite, or in proximity or leading to any 
public building or buildings, or which it may require for any 
other public or municipal purpose ; and also any and all land 
and property or interest in land and property adjoining and 
extending such distance as may- be adjudged necessary from 
any property in use or about to be acquired for such esplanade, 
boulevard, parkway, park grounds or public reservation, as 
aforesaid, the use of which said adjacent property it may be 
deemed necessary or beneficial to subject to lawful restrictions 
or control, in order to better protect or enhance the usefulness 
of such public building or buildings, or in any manner to pro- 
mote the interests of the public therein, or to more fully 
effectuate the purposes ol the establishment of such esplanade, 
boulevard, parkway, park grounds or public reservations ; and 
to sell thereafter such adjacent lands or property, subject to 
such reservations or restrictions as to the subsequent use thereof, 



9 

as may appear advisable for the protection of such public build- 
ing or buildings, or for enhancing the usefulness thereof, or 
in any manner to promote the interests of the public therein, 
or for better insuring the protection or usefulness of such 
esplanade, boulevard, parkway, park grounds or public reserva- 
tions, or in any manner to better accomplish the purposes and 
serve the public interests for which they shall have been or 
shall be established. The Mayor and City Council of Baltimore 
may prescribe the procedure for condemnation of any land 
or property situated wholly within the City of Baltimore, which 
under the foregoing provisions it is authorized to condemn, 
but such procedure as the said Mayor and City Council of 
Baltimore may adopt shall include provision for reasonable 
notice to the owner or owners, and for appeals to the Balti- 
more City Court by any person interested, including the Mayor 
and City Council of Baltimore, from the decision of any com- 
missioners or other persons appointed to value any such land or 
property, or interest therein, Nothing herein contained shall 
be construed as depriving the city of any power of condemnation 
for any purpose already vested in it. The Mayor and City 
Council of Baltimore shall have full power and authority to 
provide by ordinance for ascertaining whether any and what 
amount of benefits will accrue to the owner or possessor of any 
ground or improvements within the City of Baltimore by reason 
of the establishment or enlargement of any parks, squares, gar- 
dens, esplanades, boulevards, parkways, park grounds, public 
reservations or other public places, for which said owner or 
possessor ought to pay compensation, and to provide by ordi- 
nance for assessing or levying the amount of such benefits on 
the property of persons so benefited ; provided, that provision 
is made therein for reasonable notice to the person or persons 
against whom sucli benefits are to be assessed, and provided 
that provision be made for appeals to the Baltimore City Court 
by any person or persons interested, including the Mayor and 
City Council of Baltimore, from the decision of any board, 
commissioners or other persons appointed or authorized to assess 
such benefits. 

f)'I{rioii V. P.altiiiKirc licit U. K. Co.. 74 .Md. :',"}. (Uurk v. M.iyor, 
Vic. T'.iilto.. SI M(l. :>,-[-,. 

W'hdrcc.t (1)1(1 IJocLh: ("oiKk'iiiiiat ioii ol' wliiirt'iif,'!' mid (l(ickii;;i' rij,'lits. 
\'!i I nation of franchise riplit of wharfafje, rif^^lit of appcllanls to dock 
its own vessels at its wliarf an<l the iif,'ht of aceess to sueh wliarf over 
njiviyahle water. Ileltl tliat it is impossible to sef^reyate these elements 
for jtnrposos of valuation separately in the condemnation of same for 
Iiulilif inijirovements. 

Mayor iV C. ('. of i'.alto. v. IJalto. A: I'hila. Steanihoal Co., 101 Md. ISG. 



10 

Condemnation of Property: In this connection, see also Baltimore v. 
Rice, 73 Md. 307; Van Witzen v. Gutman, 79 Md. 411; Shanfelter v. 
Mayor, etc., SO Md. 483. 

For recent cases relative to parties entitled to compensation when 
land is condemned for municipal purposes, see, 

Mayor, etc. Hagerstown v. Groh, 101 Md. 560. Baltimore City v. 
Latrobe, 101 Md. 625. 

Mere inconvenience of access, or mere diminution of light and air to 
propei'ty does not constitute a "taking" within the meaning of the 
Constitution. Such injury to come within the constitutional provision 
must be such as to amount to their substantial destruction. 
Baltimore v. Bregenzer, 125 Md. 78. 

Condemnation proceedings for water supply. 

Brack v. Baltimore, 125 Md. — . 

A dedication of land to public use may be revoked before acceptance 
by an exclusive and adverse possession thereof by the owner. 
Canton Co. v. M. & C. C, 106 Md. 69. 

In condemnation proceedings under the Annex Improvement Act of 
1904, property liable for benefit assessment in street openings, even 
though the Act provides a loan out of which expenses of condemnation 
may be defrayed. 

Lauer v. M. & C. C, 110 Md. 447. 

In street condemnation proceedings the preliminary plat showing 
property to be taken need not show a portable building. 
Whiteley v. M. & C. C, 113 Md. 541. 
Street held not to be dedicated to public use. 

Bloede v. M. & C. C, 115 Md. 594. 

Merely because parties may receive from the closing of a street more 
direct benefits than the public at large, it does not follow that the 
closing of the street is for private and not for public benefit. 
M. & C. C. V. Brengle, 116 Md. 342. 

The principle that damages are not ordinarily recoverable for an 
injury to adjacent land caused by a lawful change in the grade of a 
public highway is confined to cases in which no part of the abutting 
property is taken and where any land is taken in a street condemnation, 
the "just compensation" required to be paid under the Constitution 
must include not only the value of the land condemned, but also a due 
allowance of damages for injury to the remainder. 

M. & C. C. V. Garrett, 120 Md. 60S. 

When the erection of a structure in a public street cuts off the light 
and air, and the ingress and egress to and from a building abutting on 
said street, it amounts to a taking of property even though there has 
been no actual physical invasion. 

Walters v. M. & C. C, 120 Md. 644. 

Where a deed merely describes the land conveyed as abutting on a 
street which was only referred to once, and whose width is not given, 
and where there was no evidence of any dedication, it was held that no 
dedication could be presumed from the deed. 

M. & C. C. V. Yost, 121 Md. 366. 

The fact that Chapter 110 of the Acts of 1910, authorizing the con- 
struction of the Fallsway, provided a fund to meet the cost and expenses 



11 

of the improvement, had no effect on the po^A•er of the city and the 
Commissioners for Opening Streets to assess benefits. 

P. B. & W. R. R. Co. V. M. & C. C, 121 Md. 504. 

The Fallsway having been constructed under the special authority of 
Chapter 110 of the Acts of 1910, there was no legal necessity of giving 
the notice required by Section 828 of the Charter, in order to render 
benefit assessments valid. 

Safe Deposit & Trust Co. v. M. & C. C, 121 Md. 522. 

The "just compensation" required by the Constitution to be paid when 
private property is taken for public use, includes not only the value of 
the part of the lot condemned, but also a due allowance for damages for 
any injury done to the remainder. 

M. & C. C. V. Megary, 122 Md. 20. 

In condemnation proceedings to close a street, damages cannot be 
legally demanded for consequential injuries to property that is several 
squares distant from the street closed and which has means of ingress 
and egress independent of the street closed. 

German Lutheran Church v. M. & C. C, 123 Md. 142. 

In condemnation proceedings to open a public street, the question of 
whether the permanent grade should not be established before the 
assessment of benefits is one within tl'e iurisdiction of the Baltimore 
City Court, with the right of an appeal from its decision to the Court 
of Appeals. 

M. & C. C. V. Johnson, 123 Md. 320. 

When an assessment for benefits for the opening of a street has been 
made before the fixing of the grade, on appeal to the Baltimore City 
Court, a prayer instructing the jury that there is no evidence in the 
case legally sufficient to justify an asses.sment of benefits against the 
property is proper. 

Patterson, et al. v. M. & C. C. 124 Md. 153. 

When a street is dedicated to the public merely by deeds and plats of 
the grantee and has never been expressly or by implication accepted by 
the public authorities or ever used as a street for over sixty years after 
such deeds were recorded, and where the ground so dedicated had never 
been paved or lighted but had been enclosed by a fence and leased out 
and used by private parties, and for over tliirty yenrs flio inihlic authori- 
ties had assessed and collected taxes on the property, it was held that the 
city was estopped from asserting any rights over the property or from 
accepting the dedication. 

M. & C. C. v. Canton Co., 124 Md. 020. 

Where in a conveyance of land the description is by reference to 
streets designated as sucli in the conveyance or on a map made by the 
city or by the owner of the property, there is an implied covenant that 
the purchaser shall have the use of such streets, and such conveyance 
is evidence tending to establish a dedication of the streets so referred 
to, if at the time of the deed the title in the beds of the streets was in 
the grantor. 

P. B. & W. R. R. Co. v. M. & C. C, 124 Md. G35. 

The city has no power to assess benefits which materially amount to 
more than the aggregate of damages and expenses, and It Is the duty 
of the Commissioners for Opening Streets to (li'iluct ilic excess, if ilicy 
find such, pro rata. 

Md. Trust Co. v. M. & C. ('.. ILT) M-l. Id. 



12 
(5) FIRE. 

p. L. L., (1860) Art. 4, sees, 29, 30, 236-238, 249. 1878, cli. 120. 
1884, ch. 312. 1886, eh. 463. 1888, ch. 393. P. L. L., (1888) - 
Art. 4, sees. 312-315C, 324, 328. 1894, ch. 190. 

To establish and regulate fire wards and fire companies, and 
all matters pertaining to the prevention and extinguishment of 
fires. To appropriate a sum of money annually for the relief 
of disabled and superannuated firemen, for the relief of the 
widows and children of firemen who have been killed in the 
discharge of duty, and to provide by general ordinance for 
giving pensions to employees of the Baltimore Fire Department 
who may become unable to perform further service, by reason 
of age, or other physical or mental disabilities. To retire from 
office in the Fire Department any permanent or called member 
thereof who has become permanently disabled while in the actual 
performance of duty, or has performed faithful service in the 
department for a period of not less than twenty consecutive 
years, and placing the member so retired upon a pension roll, 
the amount of annual pension to each pensioner to be an amount 
equal to one-half the yearly amount then being received by 
him, for service in said department at the time of such retire- 
ment, per annum, payable in monthly installments. To appro- 
priate annually such sums of money as shall be sufficient to 
pension all such members of the Fire Department as shall be 
upon the pension roll. To regulate the evil and pernicious prac- 
tice of firing or discharging crackers within the limits of said 
city, either by prohibiting sale of the crackers or otherwise. To 
erect and provide magazines for the storage of gunpowder 
brought to the city and to compel the storage of same therein, 
and to regulate the price of said storage. To regulate the 
storage of naval stores and other combustible matter in such 
quantities or in such places in the city as may be deemed dan- 
gerous. To provide for the inspection of oils or fluids made 
from petroleum or its products, to be used for illuminating 
purposes, offered for sale in the City of Baltimore, and for the 
appointment of inspectors for that purpose, and to impose such 
fines and penalties as it may deem necessary and proper in the 
premises. To fix by ordinance the standard or flashing point of 
oils, or fluids made from petroleum or its products, used for 
illuminating purposes, and offered for sale in said city, and to 
provide for the inspection of the same, and for the appointment 
of inspectors for that purpose. 

Where a municipality furnishes water gratuitously to be xised in 
extinguishing fires it acts in a governmental capacity and is not liable 
for negligence in connection with its water works. 

Wallace v. Baltimore, 123 Md. 638. 



13 

(6) FISH. 

To regulate the sale or disposition of fish within the limits 
of the City of Baltimore; to impose fines or penalties for the 
violation of any regulation it may establish. 

(7) FRUITS, MEATS, VEGETABLES AND OTHER 

ARTICLES. 

p. L. L., (1S8S) Art. 4, sec. 646A. 1890, ch. 100. 

To license and regulate the sale of fresh fruits, meats, vege- 
table and all other perishable articles in the City of Baltimore. 

(8) HARBOR, DOCKS Al^D WHARVES. 

p. L. L., (1860) Art. 4, sees. 263, 264, 265, 266, 271, 272, 793, 794, 796, 

944, 945. 1880, ch. 418. 1884, ch. 230. 1884, ch. 309. 

1888, ch. 261. P. L. L., (1888) Art. 4, sees. 343, 

344, 346-350, 355-357, 367-368. 1908, 

ch. 148. 1912, ch. 32. 

1914, ch. 144. 

To provide for the preservation of the navigation of the 
Patapsco River and tributaries, including the establishment 
of lines throughout the entire length of said Patapsco River 
and tributaries, beyond which lines no piers, bulkheads, wharf, 
pilings, structures, obstructions or extensions of any character 
may be built, erected, constructed, made or extended ; to provide 
for improving, cleaning and deepening said river and tribu- 
taries, and the removal therefrom of anything detrimental to 
navigation or health ; to provide for and regulate the stationing, 
anchoring and moving of vessels or other water craft, and to 
prevent any material, refuse or matter of any kind from being 
thrown into, deposited in or placed where the same may fall, 
or be washed, into said river or tributaries ; to make surveys or 
charts of the Patapsco River and tributaries, and to ascertain 
the depth and course of the channels of the same; and when 
necessary in its judgment, to affix buoys or water marks for 
facilitating and rendering more safe the navigation thereof ; to 
erect and maintain and to authorize the erection and main- 
tenance of, and to make such regulations as it may deem proper, 
respecting wharves, bulkheads, piers and piling, and the keep- 
ing of the same in repair, so as to prevent injury to navigation 
or health; to regulate the use of public wharves, docks, piers, 
bulkheads or pilings, and to lease or rent the same, and to 
impose and collect dockage from all vessels and water craft lying 
at or using the same, and to collect wharfage and other charges 
upon all goods, wares, merchandise or other articles landed at. 



14 

shipped from, stored on or passed over the same ; to provide 
for the appointment of such officers aud employees as may be 
necessary to execute the aforegoing powers and to impose lines 
or penalties for a breach of any ordinance passed in conformity 
herewith, said fine not to exceed two hundred dollars ($200) 
for any one offence. Provided, however, that, except in regard 
to docks or wharves owned by the Mayor and City Council of 
Baltimore, nothing contained in this Act shall be construed to 
impose any duty upon the Mayor and City Council of JJalti- 
more to any person or corporation using said river, or any of 
its tributaries, in regard to the safety thereof, or to render the 
said Mayor and City Council of Baltimore liable for any loss 
of life, or injury or damage to person or property, by reason 
of any obstruction in, or unsafe condition of, any part of said 
river, or of said tributaries or branches, or either of them. 
Nothing contained in this Act shall be so construed as to render 
the City of Baltimore, or any of its officers, liable in damage 
or otherwise to any person or persons, or corporations, for any 
omissions to pass any ordinance, regulation or resolution pur- 
suant to the provisions hereof, or for a failure to enforce the 
same. 

Classen v. Chesapeake, SI Md. 258. M. & C. C. of Balto. v. St. Agnes 
Hospital, 48 Md. 419. Harrison v. Sterrett, 4 H. & McH. 540. Girauds' 
r.essee v. Hughes, 1 G. & .T. 249. Dugan v. Mayor, 5 G. & J. 357. Ber- 
nard V. Torrence, 5 G. & J. 394. Wilson v. Inloes, 11 G. & J. 351. Casey's 
Lessee v. Inloes, 1 Gill 430. Mayor, etc. v. White, 2 Gill 444. The wharf 
case, 3 Bland 361. Baltimore v. McKim, 3 Bland 453. Hammond's 
Les.see v. Inloes, 4 Md. 138. Patterson v. Gelston, 23 Md. 443. Broad- 
way, etc. Co. V. Hankey, 31 Md. 346. Page v. Mayor, .34 Md. 558. Gar- 
rittee v. Mayor, 53 Md. 422. McMurray v. Mayor, 54 Md. 103. 

Actional negligence cannot be injputed to the city for mistake of 
judgment, or even negligence, of its officers in performing govern- 
mental function of selecting a place for the loading of explosives, from 
which it derives no profit. 

Foard Co. et al. v. State of Md. etc., 219 Fed. Kept. 827. 

The one subject of an act being the charter powers and obligations of 
the city, an act repealing and re-enacting several sections of the City 
Charter is not invalid under Section 29 of Article 3 of the State 
Constitution. 

Foard Co. et al. v. State of Md. etc.. 219 Fed. Rept. 827. 

(9) HEALTH. 

p. L. L., (1860) Art. 4, sec. 797. 1886, ch. 396. 1890, ch. 509. 
P. L. L., (1888) Art. 4, sees. 378 and 400. 

To preserve the health of the city. To prevent and remove 
nuisances. To prevent the introduction of contagious diseases 
within the city, and within three miles of the same upon land. 



15 

and within fifteen miles thereof upon the navigable waters lead- 
ing thereto. To regulate the places of manufacturing soap and 
candies, the erecting of slaughter houses and distilleries, and 
where every other oifensive trade may be carried on. To regu- 
late the construction, care, use and management of tenement 
houses, lodging houses and cellars in the City of Baltimore, for 
the better protection of the lives and health of the inmates dwell- 
ing therein. 

Harrison v. Mayor, &c., 1 Gill 264. Mayor v. Brannan, 14 Md. 227. 
N. C. Ry. Co. V. Baltimore, 21 Md. 105. Altvater v. Baltimore, 31 Md. 
466. Mayor, &c., v. Radecke, 49 Md. 217. Boelim v. Mayor, &c., 61 
Md. 259. State v. Mott, 61 Md. 297. Deems v. Mayor & C. C. of Balto., 
SO Md. 170. Cochrane v. Frostburg. 81 Md. 54. Hagerstown v. Witmer, 
86 Md. 293. Balto. v. Fairfield Improvement Company, 87 Md. 352. 

Decisions Defining the Powers of a Municipal Corporation in Relation to 
Public Health, Safety and Similar Police Powers. 

HEALTH ORDINANCES. 

Poiver of Municipal Corporation to pass same. It is not for Courts of 
Justice to say that a given enactment passed by the Legislature in virtue 
of the police power, and having a direct relation to it is void for unrea- 
sonableness; but whenever power has been delegated by the Legislature 
to a municipal corporation to adopt and promulgate ordinances for the 
protection of the public health, morals or safety, the reasonableness of 
the measures enacted by the municipality is a feature to which the 
courts look to see whether the measure is within the power granted. 

State v. Hyman, 98 Md. 618. 

INFECTIOUS AND CONTAGIOUS DISEASES. 
Small Pox. Expenses of Disinfection. 

See, Harrison v. Mayor, 1 Gill 264. 

NUISANCES GENERALLY. 
There is no prescriptive right to maintain a public nuisance. 
P. W. & B. R. R. Co. v. State, 20 Md. 1.57. N. C. Ry. Co. v. Balti 
more, 21 Md. 105. 
As to duty of City to prevent public nuisances, see, 

Mayor v. Brannan, 14 Md. 227. 
A private individual cannot maintain an action for damages resulting 
from a public nuisance unless he suffers some special injury. The remedy 
is by indictment. 

Harrison v. Sterrett, 4 H. & McH. 550. 
A municipal corporation, without any general laws, either of the City 
or of the State, within wliicli a given structure can be sliown to bo a 
nuisance, cannot by a mere declaration that it is one, subject it to 
removal by any person supposed to be aggrieved, or even by the city 
itself. 

New Windsor v. Stocksdale, 95 Md. 215. 
The municipality cannot. l)y merely declaring a structure over n 
(iedi>ale(l alley not yet occupied liy it. a nuisance, remove fbe smiiic. but 
the fact that it was a nuisance should have been lirst establislied lieroie 
a court of competent jurisdiction. 

Frostburg v. Ilitchlns, 99 Md. 617. 



16 

Particular Nuisances. 
Batvdy House. A bawdy house is a public nuisance which may be 
eiijomeci if a continuing nuisance and in addition a suit for damages will 
lie for the depreciation of property resulting from its maintenance. 
Hamilton v. Whitridge, 11 Md. 143. 
nridffe. When a defective bridge may be a nuisance, — 

-See, P. W. & B. R. R. Co. v. State, 20 Md. 157. 
liuildings. A dilapidated building or wall, menacing the users of the 
street, is a nuisance. 

Murray v. McShane, 52 Md. 217. 
Cattle running at Large, See, 

Cochrane v. Frosthurg, SI Md. 54. 
Cess-pools in Toicns. See, 

Sprigg V. Garrett Park, 89 Md. 410. 
Coasting in Streets or on Sidewalks. When a nuisance which city is 
bound to prevent; see, 

Altvater v. Mayor, 31 Md. 466. Taylor v. Cumberland, 64 Md. 6S. 
Dogs Running at Large. Validity of ordinances providing for killing 
of same sustained. 

City of Hagerstown v. Witmer, 86 Md. 293. 
Drains. Overflow from drains flooding lands, see, 

Guest V. Commissioners of Church Hill, 90 Md. 689. 
Elevated Structures. Not necessarily a public nuisance, see, 
Garrett v. Lake Roland Elv. R. R. Co., 79 Md. 286. 
Fertilizer Factory. When a nuisance. Prescriptive right where plain- 
tiff "came to the nuisance," discussed. 

Susquehanna Fertilizer Co. v. Malone, 73 Md. 268. 
Ice on Footways. Duty and liability of municipality arising therefrom 
discussed. Baltimore v. Marriott, 9 Md. 174. 

Lime Kilns. A particular use of property declared a nuisance by an 
ordinance of a municipal corporation, did not make such use a nuisance, 
unless it be so in fact, according to the common law or statutory defini- 
tion of a nuisance. 

State V. Mott, 61 Md. 259. 
Livery Stable. Declared not to be a nuisance per se, but may become 
so by its construction or use. 

Commissioners of Easton v. Covey, 74 Md. 262. Metropolitan Savings 
Bank v. Manion, 87 Md. 68. Gallegher v. Flury, 99 Md. 187. 

A stable for horses is not a nuisance per se, and the erection of one 
will not be enjoined merely because it may become one from the way it 
may be managed. 

King v. Hamill, 97 Md. 107. 
Markets. Duty of City to prevent nuisances in markets. Hole in 
market place. Mayor v. Brannan, 14 Md. 227. 

Navigable Waters. Obstruction of navigable waters of Patapsco by 
deposits of mud and sediments. 

Garrittee v. M. & C. C. of Baltimore, 53 Md. 422. 
Noxious Gases from Fertilizer Factories, see. 

Fertilizer Co. v. Spangler, 86 Md. 562. 
Obstructions in Public Streets, constitute a public nuisance and the 
remedy is by indictment. 

Fort V. Graves, 29 Md. 188. Houck v. Wachter, 34 Md. 265. 



17 

Offensive Trades. Rules for determiuing when they .constitute a 
nuisance. 

Horner v. State, 49 Md. 277. 
As to whether noises, smell and the like physical discomforts arising 
from the prosecution of a commendable and necessary trade or business 
will be treated as constituting a nuisance, see, 

Gibbons v. Becker, Daily Record, February 21, 1893. Cf., Berge v. 
Baltimore Cemetery Co., Daily Record, October 26, 1889. 
Pest Houses. Leprosy, when a nuisance, see, 

Baltimore City v. Fairfield Imp. Co., 87 Md. 352. 
Privies. When a nuisance, see, 

Boehm v. Baltimore, 61 Md. 259. 
Authority of State Board of Health to compel installation of sewers 
in various counties of State and in Baltimore City. 

Welch, et al. v. Coglan. et al.. Daily Record, April 21, 1915. 
Shade Trees. Not removable by a municipal corporation unless they 
constitute a nuisance. 

Frostburg v. Wineland. 98 Md. 239. 
Slaughter Houses. Blood, ofCal and refuse from slaughter houses let 
hito a mill race rendering water offensive and impure constitute a public 
nuisance. Woodyear v. Henry Schaefer, 57 Md. 1. 

Smoke, Noxious Vapor, etc. Smoke, noxious vapor, noise and vibra- 
tion in-oductive of active physical discomfort and rendering one's habi- 
tation unfit and unsafe is a nuisance, though the business may be lawful. 

Dittman v. Repp, 50 Md. 516. 
Smoke, Noise, Tihration. Smoke, steam and cinders from a chimney; 
when a nuisance, see, 

Lurssen v. Lloyd. 76 Md. 360. Euler v. Sullivan, 75 Md. 616. 
Steam Boiler. Not a nuisance per se. An ordinance committing to an 
official the power to declare a steam boiler a nuisance and to demand its 
removal without a provision to determine whether it is a nuisance in 
fact, is void. Baltimore v. Radecke, 49 Md. 217. 

Toll Gate. A toll gate upon a highway unauthorized is a public 
nuisance. Schall v. Nusbaum, 56 Md. 512. 

(10) HOSPITALS. 

p. L. L., (1860) Art. 4, sec. 31. P. L. L., (1888) Art. 4, sec. 409. 
To erect or establish houses of correction, ahiishonses, refor- 
matories, hospitals or pest-houses, within or without the city, 
if necessary, and make all regulations for the government of 

the same. 

Baltimore City v. Fairfield Imp. Co., 87 Md. 352. 

(11) INSPECTIONS. 

I'. L. L., (1S60) Art. 4. sees. 28, 942. 943. P. L. L., (1888) Art. 4, sees. 
425-427. 1894, ch. 53. 1896, ch. 273. 

To establish and regulate inspections within the city. To 

make the standard of weights and measures the same iu the 

City of Baltimore as in the rest of the State, and rufm-c tlio 



18 

same by inspection. To regulate and fix the assizing of bread. 
To provide by ordinance for the proper inspection of milk or 
any and all other food products oifered for sale in the City of 
Baltimore or intended for consumption therein ; to make and 
from time to time to alter such regulations in regard to the 
sale of milk or any or all other food products as to it may seem 
necessary to protect the public health ; and to provide by fine of 
not more than one hundred dollars for each ofTense for the 
punishment of violations against such regulations and ordi- 
nances ; to provide for such number of inspectors or analysts 
as it may deem necessary, and to fix their duties and compen- 
sation, and from time to time change the number, duties and 
compensation of said inspectors and analysts. To provide by 
ordinance for the proper inspection of all bakeries, bake shops, 
candy factories, confectioneries, or other places for the manu- 
facture of bread, cakes, confectionery and similar food products, 
for the purpose, more especially, of ascertaining their sanitary 
condition and cleanliness, and for the purpose of ascertaining 
the purity, healthfulness and wholesomeness of the flour, sugar, 
butter, lard and other ingredients used in making such 
bread, cakes, confectionery and other articles of food offered 
for sale in the City of Baltimore, or intended for consumption 
therein; to make and from time to time alter such regulations 
or ordinances in regard to the sale of said food products as to it 
may seem necessary to protect the public health, and to provide 
by fine of not less than twenty dollars nor more than one hun- 
dred dollars for each offense for the punishment of violations 
against such regulations and ordinances; to provide for such 
number of inspectors and analysts as it may deem necessary, 
and to fix their duties, qualifications and compensation. 
State V. Broadbelt, 89 Md. 565. 
As to power to regulate inspection of millv, see^ 

Deems v. Mayor & C. C. of Balto., SO Md. 164. 

(12) JAIL. 

1S6S, ch. 3. P. L. L., (1888) Art. 4, sec. 536. 
To own, regiilate and control the Jail of Baltimore City. 

(13) JO^TES' FALLS. 

1864, ch. 163. 1870, ch. 115. 1870, ch. 113. P. L. L.. (1888) Art. 4, 

sees. 574-578, 581, 582. 

To make such improvements in connection with Jones' Falls 
as in its judgment are desirable, and for this purpose to change 
the course, lines and boundaries of said stream, in whole or 



19 

part ; to widen and deepen the same ; to lay out and construct 
on the sides and adjacent to said stream, streets, avenues and 
wharves.; to construct all such sewers and drains in said city as 
shall be deemed requisite in connection with said improvement ; 
and generally to do all such things, and exercise all such powers, 
as, in its judgment, shall be necessary to be done and exercised 
for the accomplishment of any plans for the improvement of 
Jones' Falls which have been or may be adopted by it. To have 
power at any time to acquire all property of every kind and 
description which may be necessary or advisable, in its judg- 
ment, to acquire, for the accomplishment of the purposes men- 
tioned, and shall moreover have full power to provide for the 
ascertainment of the value of all property and rights of prop- 
erty which it is thus authorized to acquire, and to ascertain 
whether any and wiiat amount, in value, of damages will be 
caused by the construction of the aforesaid works of improve- 
ment in connection with Jones' Falls, or any of them, to the 
owner or possessor of any property, or rights of property, within 
the said city, for which the owner or possessor ought to be com- 
pensated, and to ascertain what amount of benefits will be caused 
by the construction of the aforesaid works of improvement, or 
any of them, to the owner or possessor of any property or rights 
of property, for which said owner or possessor ought to pay a 
compensation, and to provide for assessing or levying, either 
generally on the whole assessable property of the city, or especi- 
ally on the property of persons benefited, the whole or any 
part of the damages and expenses which it sliall be ascertained 
will be incurred in constructing such works in connection with 
the improvement of Jones' Falls, as it has determined or shall 
determi]ie to make. To provide for granting appeals to Balti- 
more City Court from the decision of any Commissioners, or 
other persons appointed by virtue of any ordinance, to ascertain 
the value of the property which the city may wish to acquire foi- 
the purposes aforesaid, or the damages which will be caused, 
or the benefits which will accrue, by the construction of the 
aforesaid works of improvement, and to secure to every owner 
or possessor of any property, or right of property, which it may 
thus purpose to acquire, or which may thus be decided to be 
damaged or benefited, the right on application within a time to 
be prescribed by ordinance, to have decided by a jury trial, the 
true value of the property proposed to be acquired for the ])ur- 
poses aforesaid, and whether any and what damage will be 
caused, or any and what benefits will accrue to the owner ni- 
possessor of the property so assessed for damages or bcnclils 



20 

respectively, and to provide for collecting and paying over the 
amount of compensation adjudged to each person entitled, or 
invest it in the stock of the said city, for the use of the person 
so adjudged to be entitled to the same, and to provide for col- 
lection, by the sale of the property assessed, or otherwise, of all 
sums assessed as benefits aforesaid, and generally to enact and 
pass all ordinances, from time to time, which shall be deemed 
necessary and proper to exercise the powers and effect the objects 
for the exercise and accomplishment of which this paragraph of 
this section is passed. To define and locate the limits of J ones' 
Falls within the City of Baltimore, and to acquire by purchase 
or condemnation, under proceedings for which provision is made 
in this Article, the absolute and exclusive right and title to 
all the land and rights of property embraced within the said 
limits, and in the ground covered by all streets or avenues which 
it may lay out and condemn on the sides of the stream, and it 
shall have an estate in fee simple in the same. It shall have 
power and is authorized to construct wharves or quays along 
the margin of said stream, or use the said streets or avenues for 
wharf or quay purposes, and collect tolls or wharfage from all 
vessels or boats using the same. To make such changes in the 
grades of the streets in the City of Baltimore as shall, in its 
judgment, be necessary for the proper construction of works 
connected with the improvement of Jones' Falls, which it may 
determine to construct, and it shall not be necessary, in order to 
make such changes in the grades of streets, to obtain the consent 
of any of the proprietors of the ground fronting on said streets, 
or affected by such changes. To make such provisions as it 
shall deem best for defraying the cost of grading and paving 
of any streets or avenues which it may lay out and condemn 
along the margin or side of Jones' Falls. To issue bonds to an 
amount not exceeding two million five hundred thousand dollars, 
from time to time, as the same may be required in the course of 
the construction of the works connected with the improvement 
of Jones' Falls, for the construction of which provision is made 
by the ordinance of the Mayor and City Council of Baltimore, 
entitled ''An ordinance to provide for the improvement of 
Jones' Falls within the limits of the City of Baltimore, and to 
open avenues and construct sewers on the borders thereof," the 
said bonds to be issued in sums of not less than one hundred 
dollars each, redeemable in thirty years, and bearing interest 
at 6 per cent, per annum, payable quarterly, transferable as 
other city bonds, as provided in sections one and two of an 
ordinance of the Mayor and City Council of Baltimore, entitled 



21 

"An ordinance to authorize the issuing of bonds of the City of 
Baltimore, for the purpose of providing means for the improve- 
ment of Jones' Falls," approved January 31, 1870; provided 
that said bonds shall not be issued unless the last mentioned 
ordinance shall be approved by the votes of a majority of the 
legal voters of the said city, cast at the time and places provided 
for in the last mentioned ordinance. To compel any indi- 
viduals, companies or bodies politic, owning property binding 
on Jones' Falls, within the limits of the city, to wall up such 
property, so far as the same may bind on the falls, with a good 
and sufficient stone wall, to such height as in its judgment the 
public good may require, and to have the same backed up or 
filled in with earth, so as to secure the same and the adjacent 
property from danger of being inundated with water ; and when- 
ever it may deem necessary, to compel individuals, companies 
or bodies politic, to rebuild or repair, in a good and sufficient 
manner, any stone wall owned by them and binding on Jones' 
Falls within the limits of the City of Baltimore; and should 
any individuals, companies or bodies politic neglect or refuse 
to wall up Jones' Falls, rebuild or repair any such wall within 
the limits of the City of Baltimore, when required so to do, the 
said city may cause the same to be done, and it is authorized and 
empowered to recover the cost of such wall, rebuilding or repair- 
ing, by suit at law, from the party who may have refused or 
neglected to build, rebuild or repair such wall ; and the cost of 
such wall shall be a lien on the property so walled up or re- 
paired. 

M. & C. C. of Baltimore v. Lefferraan, 4 Hill 425. Merrick v. Mayor, 
4.S M(l. 219. Mayor, etc., v. MusRrave, 48 Md. 272. GresK v. Mayor, 
56 Md. 256. f^ee Norwood v. Balder, 172 U. S. 83. 

In Lefferman's case above cited, it was held that Act 1S21, ch. 2.52 on 
same subject was unconstitutional, because it imposed the whole ex- 
pense of a public improvement on the individual immediately benefited. 

But all the expense of constructing sidewalks may be imposed on 
abutting property. 

Hyattsville v. Smith. 105 Md. 318. Bassett v. Ocean City, 118 Md. 114. 
Chicago V. Janesville, 28 L. R. A. (New Series), 1125 and notes. 

See Act 1910, ch. 110, quoted in sees. 826p., S26q., 826r., S2(;s. and 
826t. 

(14) LICENSES. 

p. L. L., (1860) Art. 4, sec. 27. 1878, ch. 414. 1888, ch. 495. 
P. L. L., (1888) Art. 4, sees. 654, 657, 658, 664. 
To license, tax and regulate all businesses, trades, axocal ions 
or professions. To license, regulate, ta.x or suppress hawkers, 
peddlers, brokers, pawnbrokers, intelligence offices, street exhibi- 
tions or fortune-tellers. 



22 

state V. Applegarth, 81 Md. 293. Salfner v. State, S4 Md. ".01. Gain- 
bridge V. AVater Co., 99 Md. .501. 
See cases under "Markets." 

(14a) LIBRAEIES. 

1908, ch. 144. 

The Mayor and City Council of Baltimore is authorized and 
empowered to appropriate and pay over such sum or sums, as 
it shall from time to time deem proper, for the equipment, main- 
tenance or support of the Enoch Pratt Free Library of Balti- 
more City, or of any other free public library in Baltimore City, 
or of the branches of the Enoch Pratt Library of Baltimore 
City, or of any other free public library in Baltimore City, pro- 
vided, that the title or ownership of the property of every such 
library or branch is vested in the said Mayor and City Council 
of Baltimore. 

(15) MARKETS. 

P. L. L., (1860) Art. 4, sees. 631, 635, 638, 639, 640, 651. P. L. L., (ISSS) 
Art. 4, sees. 671, 675, 678, 679, 680, 691. 

To erect, regulate, control and maintain markets and stalls 
within the City of Baltimore, and to regulate and control the 
sale of all goods, wares, merchandise and other articles therein. 
To lease, sell or dispose of any stalls or stands in any market, 
in such manner and upon such terms as it may think proper. 
To contract for, purchase, lease and hold to it and its successors, 
in fee simple, or for a term of years, renewable from time to 
time forever, any lands, tenements, and their appurtenances in 
the vicinity of any market for the purpose of extending same. 
To condemn any land or other property or any interest in land 
or other property for market purposes in the mode provided in 
this Article. To levy and collect all costs, damages and expenses 
incurred by the condemnation proceedings aforesaid. The clerks 
of the markets shall have full power and authority to seize by 
distress any meats, vegetables or other articles upon any stall 
or stand in the market-houses of the City of Baltimore, if the 
person or persons owning such stall or stand shall not pay 
the rent due thereon, and they shall also collect all fines and for- 
feitures imposed by this Article or ordinances relating to mar- 
kets, and account for the same to the Mayor and City Council 
of Baltimore. To levy and collect all the costs, damages and 
expenses awarded in any condemnation proceedings provided for 
in this Article, for the extension or construction of any market 
or markets in the City of Baltimore. 



23 

State V. Rowe, 72 Md. 548. 

Mayor v. Brannan, 14 Md. 227. Hatch v. Prendergast, 15 Md. 251. 
Musgrave v. Staylor, 36 Md. 124. Rose v. Mayor, 51 Md. 256. Border 
State Savings Bank v. Wilcox, 63 Md. 525. Green v. Western Nat. Bank, 
86 Md. 290. Pfeflferling v. Balto. City, 88 Md. 475. Cambridge v. Water 
Co., 99 Md. 503. -See Baltimore City Code (1879), page 622, note. 

Market Stalls. The right to lease the stalls and stands in any market 
in any manner, and for any term they may think proper is an exercise 
of municipal powers not in express terms, nor by fair or reasonable in- 
tendment, conferred upon the Mayor and City Coimcil of Baltimore by 
sections 671 and 678 of Article 4, Code Public Local Laws (now 
sec. 6. title "General Powers," sub-title "Markets," of the City Charter). 

M. & C. C. of Balto. V. Grieves, Daily Record, September 14, 1892. 

Since new Charter giving right to license, tax and regulate no objec- 
tion to license or tax that it produces more money than needed for regu- 
lation. 

Meushaw v. State. 109 Md. 84. City v. Wollman. 123 Md. 310. 

City may permit part of the street to be used for market stalls. 
State V. Burkett, 119 Md. 609. 

Right to use and occupy a market stall is an easement which may be 
transferred by Bill of Sale. 

Goldberg v. Novichow, 113 Md. 29. 

City has power to regulate the charges for market stalls. Is an ad- 
ministrative and not a legislative function. The regulation must not 
impair the obligations fixed by contract. 

Baltimore v. Wollman, 123 Md. 310. 

(15A) MUNICIPAL FERKT. 

1912, ch. 32. 

To establish, own and operate a municipal ferry across the 
northwest branch of the Patapsco River from some point or 
points on the north side thereof to some point or points on the 
sonth side thereof, and to acquire for that purpose, by purchase, 
condemnation or otherwise any boats or ships, landings or other 
property that may be necessary for that purpose, and to fix the 
ferry rates or charges thereof. 

(IG) PARKS. 

1862, ch. 29. P. L. L., (1888) Art. 4, sec. 705. 1896, ch. 366. 

To establish, maintain, control and regulate parks or squares 
in the City of Baltimore, for the recreation and benefit of its 
citizens. The resolution of the Mayor and City Council of Bal- 
timore, appointing a commission in relation to the proposed 
public parks, approved June 4, 1800, and the ordinance of the 
Mayor and City Council of Baltimore, to provide; for a public 
park or parks, approved June 21, 18G0, are confirmed; and all 
acts done, or which may hereafter be done, by the said Mayor 
and City Council of Baltimore, or the ofiicers of said city, or the 



24 

Park Commission acting under the provisions of the said resolu- 
tion and ordinance, shall have the same effect as if the said 
jMayor and City Council of Baltimore, prior to the passage of 
said resolution and ordinance, had been expressly empowered, 
by Act of the General Assembly, to enact a resolution and ordi- 
nance in the precise terms of said resolution and ordinance, and 
to provide for carrying the same into effect. All the rights, 
privileges and authority heretofore granted by ordinance, to 
the Park Commission, are hereby transferred to the Board of 
Park Commissioners as constituted in this Article. The Board 
of Park Commissioners be and hereby is authorized and em- 
powered, upon and immediately after the execution and de- 
livery, by the owners thereof, of the deed hereinafter referred 
to, to the Mayor and City Council of Baltimore, to assimie 
exclusive jurisdiction and control over the public highway known 
as Green Spring Avenue Road, extending from the north en- 
trance of Druid Hill Park, through parts of Baltimore City and 
parts of Baltimore County, to the Western Run bridge in Balti- 
more County, with full power in said Board of Park Commis- 
sioners to regulate the use of the said Green Spring Avenue 
Road as a highway, and to prescribe the hours when and the 
manner in which manure carts, hay wagons and all or any other 
description of vehicles may use the same, and to prescribe fines 
and penalties for the violation of such regulations, in the same 
manner as it prescribes fines and penalties for violations of the 
public park regulations. The owners of said Green Spring Ave- 
nue Road are hereby authorized to grant, and the Mayor and 
City Council of Baltimore are hereby authorized to accept from 
said owners, a good and sufficient deed for the bed of said road, 
subject to the rights of the adjacent property-holders to use the 
same as a highway. Prom and immediately after the acceptance 
by the Mayor and City Council of Baltimore, of the deeds men- 
tioned above, all obligation and duty upon the part of either the 
owners of said Green Spring Avenue Road or of the public 
authorities of Baltimore County, to keep or maintain said road 
in repair, shall cease, and from and immediately after said time, 
the sole obligation to keep and maintain said road-bed in repair, 
shall rest upon the Mayor and City Council of Baltimore. The 
Board of Park Commissioners, as herein provided for, sliall 
have all the rights, powers and authority as are specifically set 
forth in this paragraph of this section and elsewhere in this 
Article, and all rights, powers and authority are hereby granted 
to the Mayor and City Council of Baltimore to make such other 
and further rules and regulations as it may deem proper for 



25 

the maintenance of all parks and squares within the City of 
Baltimore not inconsistent with this Article. 

Mayor & C. C. of Baltimore, v. Reitz, 50 Md. 574. Upshur v. Balti- 
more City. 94 Md. 778. See notes, Baltimore City Code, (1879 pp. 677- 
678 and 683). 

The park fuud under existing laws is to be applied to park purposes 
only and to be expended and distributed for such purposes by the Board 
of Park Commissioners. 

Baltimore v. Williams, 124 Md. 502. 

(17) POLICE. 

To appropriate a sum of money annually for the relief of 
disabled and superannuated members of the police force of 
Baltimore City, and for the relief of widows and children of 
policemen who may be killed in the discharge of duty. 

(18) POLICE POWER. 

P. L. L., (1860) Art. 4, sec. 32. P. L. L., (1888) Art. 4, sec. 721. 
To pass ordinances for preserving order, and securing prop- 
erty and persons from violence, danger and destruction, protect- 
ing the public and city property, rights and privileges from 
waste or encroachment, and for promoting the great interest and 
insuring the good government of the city. To have and exercise 
within the limits of the City of Baltimore all the power com- 
monly known as the Police Power to the same extent as the 
State has or could exercise said power within said limits. But 
no ordinance heretofore passed, or that shall hereafter be passed 
by the Mayor and City Council of Baltimore, shall hereafter 
conflict or interfere with the powers or exercise of the powers 
of the Board of Police of the City of Baltimore, heretofore 
created, nor shall the said city, or any officer or agent of the 
city, or of the Mayor thereof, in any manner impede, obstruct, 
hinder or interfere with the said Board of Police, or any officer, 
agent or servant thereof or thereunder. 

Mayor cr rcl. v. Police Board. 15 Md. 4.55. Shafer v. Muniina. 17 
Md. :5:;i. I'.oehm v. Baltiiuorc, 61 Md. 2.59. State v. Mott. 61 Md. 297. 
Singer v. State. 72 Md. 467. State v. Ro\v(\ 72 Md. 551. Trag(>s(>r \-. 
Cray. 73 Md. 2.50. L:ikf Kolimd. etc. R. R. Co. v. Balto., 77 Md. 352. 
Deems v. Mayor & ('. (". of Halt iiiiorc, SO Md. 17.3. M. & C. C. of Balto. 
V. Turni»ike Co.. 80 Md. .530, 545. Cochrane v. Frostburg, 81 Md. 54, 05. 
Hagcrstown v. Wittmer. 86 Md. 293. B.-ar Creek Co. v. Balto. City. 87 
Md. 94. Balto. City v. Cowen. 88 Md. 447. I'oole v. Falls Road. (^U: 
Co., 88 Md. .5.33. Upshur v. T'.alto., 94 Md. 751. Bostock v. Saius. 95 Mil. 
414. 415. Frostlmrg v. Ilitcliiiis, 99 Md. 627. 

City may regulate height of buildings. 

Cochran v. Preston, 108 Md. 221. Martin v. District, 205 U. S. 1.39. 

Moving pif'ttire iii;icliii)es may be regulated. 

State V. Loden, 117 Md. .373. 



26 

City must pass ordinance to prevent nuisances or obstructions in the 
street, but is not responsible for tlie failure of the Police Department 
to enforce them. 

Taxi Cab Company v. Baltimore, 118 Md. 359. 

Reasonable segregation Ordinance not interfering with vested rights 
is within the police power. 

State V. Gurry, 121 Md. 535. 47 L. R. A. New Series, 1087. 

Statute may regulate hours of labor for laborers employed by con- 
tractors on city work. 

Sweeten v. State, 122 Md. 635. Elkan v. State, 122 Md. 642. 

Regulations concerning removal of garbage and oflfal are valid exercise 
of the police power. 

Wm. R. Schultz v. State of Maryland, 112 Md. 211. 

Power to pass ordinance providing additional penalty for offense 
punishable under State law. Validity of ordinance imposing a different 
penalty for sale of cocaine. Invalidity of a provision for forfeiture of 
license not affecting remainder of ordinance. 

Rossberg v. State, 111 Md. 394. 

Whatever police power can be exercised by a municipal corporation 
over the rights and property of its citizens must be derived from the 
legislature; it must be expressed by grant or fair and reasonable 
intendment. 

United Railways Co. v. State Roads Commission, 123 Md. 561. 

(19) PEDDLERS. 

1878, ch. 414. P. L. L., (1888) Art. 4, sec. 657. 1892, ch. 90. 

The Mayor may grant permits, upon the payment of the snm 
of seven dollars to the Comptroller, to such number of poor per- 
sons as to him may seem proper, to peddle within the limits of 
the City of Baltimore, notions, and small wares without a 
license; provided, that the stock in trade of such peddler shall 
not exceed twenty-five dollars in value, and the said Mayor at 
any time may revoke any such permit. 

Banks v. McCosker, 82 Md. 519. 

(20) PUMPS, FOUIsTTAINS AND SPRI:NGS. 

p. L. L., (1860) Art. 4, sec. 823. P. L. L., (1888) Art. 4, sec. 936. 

To erect and regulate pumps, fountains and springs, in the 
streets, lanes and alleys of the City of Baltimore. 

(21) RAILROADS. 

P. L. L., (1860) Art. 4, sec. 856. P. L. L., (1888) Art. 4, sec. 762. 

1894, ch. 210. 

On application or assent, in writing, of the owners of the 
major part in extent of the front feet of the lots fronting on each 
side of any street, or part of street, to pass, subject to the pro- 
visions and requirements of sections 37 and 85 of this Article, 



27 

such ordinances as shall be necessary for the construction of any 
track or railway of a steam railroad on and along such street; 
to permit and cause such alteration in the grade of such street 
as may be necessary for the more convenient and viseful con- 
struction of such railway ; and may levy and assess on all lots 
fronting on such street, or part of street, or on the owners of 
such lots, their just proportion of the expense of such construc- 
tion, and enforce payment thereof ; provided, notice be given to 
such owners before said assessment is made, with the right to a 
hearing as to the propriety of the same, and the further right of 
a jury trial by appeal to the Baltimore City Court, and the 
proprietor of any lot in front of which any such railway shall be 
so constructed, and the just proportion of which shall be paid 
by him, shall be entitled, at his own expense, to have a con- 
venient siding or turn-out made, to enable him to have the bene- 
ficial use of such railway. The city may, whenever the public 
interests require, revoke the privilege granted to such railroad 
to use said street or part of a street, upon the payment to such 
railroad of the actual cost of construction of said railway tracks, 
and upon such revocation and pa^Tiient aforesaid, the said rail- 
road shall remove all its tracks from said street. To require 
street passenger railways to provide proper fenders to their cars 
for the protection of human life and to lessen the danger thereto 
arising from collisions with such cars, and to enforce said re- 
quirements by such fines and penalties as may be prescribed by 
ordinance. To regulate the use of the streets by street railways. 

N. C. R. R. Co. V. Mayor, 21 Md. 93. N. C. Ry. Co. v. M. & C. C. of 
Balto., 46 Md. 425. Hodges v. Balto. P. Ry. Co., 5S Md. 603. N. Balto. 
R. R. Co. V. N. Avenue R. R. Co., 75 Md. 233. N. Balto. Pass. R. R. Co. v. 
Baltimore, 75 Md. 247. Pake Rol. El. R. R. Co. v. Baltimore, 77 Md. ,352, 
384. Lake Roland, etc. Co. v. Webster, SI Md. 529. Park Tax Case. 
84 Md. 1. Poole v. Falls Itoad Ry. Co., 88 Md. 536, 538. United Rys. & 
Elec. Co. V. Hayes, 92 Md. 490. 

As to general law limitation to right of railroads to pass through the 
City of Baltimore. 

W. M. Tidewater R. R. Co. v. Leonard, Daily Record, June 15, 1903. 

A street railway-has no paramount right to own Its own (racks and a 
grant of the right to lay such tracks is subject to the paramount right 
of the city to interfere with the same. 

City & Suburban Ry. Co. v. Brush Elec. Co., Daily Record, De- 
cember 20, 1895. 

In coiiiipctions with powers under this sul)-title, sec aluo, 

O'Brien v. Balto. BcU R. R., 74 Md. .374. (!hes. & I'ol. Tel. Co. v. 
McKenzie, 74 Md. 48. Koch v. N. Av. R. R. Co.. 75 M<1. 222. Balto. 
City V. P,'alt(». Trust & Cnar. Co.. 16(i U. S. 67::. Crccii v. City & Su- 
burinm Ry. Co., 7S Md. 294. (ianctt v. Lake Hoi. El. K. R. Co.. 79 
Md. 277. Birch v. Lake Rol. El. R. R. Co., S3 Md. 3(;9. I>ake Uol. K\. 



28 

R. R. Co. V. Hibernian Society, S3 Md. 420. Hooper v. Balto. City 
Pass. Ry. Co., 85 Md. 509. Baltimore v. Cowen, 88 Md. 454. Central 
Ry. Co. V. P. W. & B. R. R., 95 Md. 439. 

(22) SCHOOLS. 

1S72, ch. 377. 1884, ch. 2. P. L. L., (1888) Art. 4, sees. 776, 778, 779. 
To establish in the City of Baltimore, in conformity with 
the provisions of this Article, a system of free public schools, 
which shall include a school or schools for manual or industrial 
training. To pass all ordinances for the protection of school 
houses and property, and to punish any person that may disturb 
the sessions of the public schools. To levy and collect, upon 
the assessable property in the City of Baltimore as other taxes 
are levied and collected, such amount of taxes as may be neces- 
sary to defray all expenses incurred for educational purposes. 

School Commissioners v. Board of Education, 26 Md. 505. St. Mary's 
Industrial School v. Brown, 45 Md. 310. M. & C. C. of Balto. v. Weath- 
erby, 52 Md. 442. Hooper v. New, 85 Md. 565. Clark v. Md. Institute, 
87 Md. 643. Baltimore City v. Lyman, 92 Md. 591. 

Compare with provisions of Code P. G. L., Art. 77, sections 116-119. 

(23) SEWERS. 

P. L. L., (1860) Art. 4, sec. 835. 1868, ch. 181. P. L. L., (ISSS) Art. 4, 
sees. 792 and 794. 1906, ch. 144. 

To provide for construction, opening, enlarging or straighten- 
ing, subject to the provisions herein contained as to the Board 
of Public Improvements and Board of Estimates, any sewer or 
drain, public or private, through any private property. To pave 
and keep in repair, subject to the provisions herein contained 
as to the Board of Public Improvements and Board of Estimates, 
all necessary sewers and drains and to pass all regulations neces- 
sary for the preservation of the same, and to authorize any per- 
son appointed by it or by the Commissioner of Health or by the 
City Engineer, as hereinafter provided, for that purpose, to 
enter upon the lands, grounds or possessions of any person or 
body politic, through which the common sewers or private sewers 
or drains run or may run, to examine, inspect, regulate, make 
or repair the same, such person, when not otherwise appointed 
by it to be appointed by the Commissioner of Health, if the 
sewer or drain be a private sewer or drain, though connected 
with a public sewer, so far as said private sewer or drain shall 
be upon private property, and to be appointed by the City Engi- 
neer for all other sewers or drains; and in the case of private 
sewers or drains, the regulations, making or repairino; of the 
same to be at the expense of the owners of the property, real 



29 

or leasehold, served by said sewers or drains, and with power 
also to make any and all costs and expenses incurred in or about 
the regulation, making or repairing of private sewers or drains 
a lien upon the interests of the owners in the real or leasehold 
property served by said sewers or drains, with power also to pro- 
vide for the enforcement of such liens by sale of the property 
whether real or leasehold ; to condemn any land or interest in 
land in the mode provided in this Article for the use of the 
Mayor and City Council of Baltimore in the construction of any 
sewers or sewerage system ; to inspect and regulate house drain- 
age and sewerage connections, and to prescribe the kind and 
quality of material to be used for such purposes. But all work 
done in making, repairing or altering within private property, 
that is, not in any public street, public lane, public alley or public 
property, any private sewer or drain or waste or ventilating pipe 
connecting with a sewer, either public or private, shall be done 
under the supervision of the Inspector of Plumbing of said city 
under the direction of the Commissioner of Health and under a 
permit fi-om the Commissioner of Health or his authorized 
assistant, to be issued only to any person duly qualified to do 
such work under said Article 4 of the Public Local Laws of 
Maryland, said permit to be issued in accordance with any 
ordinances now existing or which may hereafter be passed by 
the Mayor and City Council of Baltimore not in conflict here- 
with, or in accordance with any rules which may be adopted by 
said Commissioner of Health not in conflict herewith or with 
such ordinances. No other permit from any other officer what- 
ever shall be required for said work and no charge shall be 
made by the Commissioner of Health for said permit or for in- 
specting the work done thereunder. ISTo charge shall be made 
by the City Engineer or any other officer for inspecting any 
work in the public streets, public lanes or public alleys of said 
city done in connection with private sewers or house drains. 

Kirhy v. Citizens Ry. Co., 48 Md. 1G8. Kranz v. Mayor, G4 Md. 491. 
Ilitoliiiis V. FrostbuPK, G8 Md. 108. Chesapeake & rotomac Tel. Co. v. 
MoKenzie, 74 Md. 48. Baltimore City v. Schnitker, 84 Md. 4.3. Balti- 
more City V. Covven, 88 Md. 447. Cahill v. Baltimore City, 93 Md. 233. 

See aluo, Short v. B. P. C. Ry. Co., 00 Md. 73. P., W. & B. R. R. Co. 
V. Davis. 08 Md. 281. Frostburg v. Duffy, 70 Md. 47. Ilitchiiis v. 
FrosthnrK, 70 Md. .'^7. Lion v. B. C. P. Ry. Co.. 90 Md. 20(;. Guest v. 
('onuiiissionors Cliurfli Hill. 00 Md. 089. 

City not liable for failure to make improvements rcconuiieiided by 
its officers. Evidence admissible to prove whether a sewer is of 
siiflicH'iit capacity to carry ofT water in seasons of ordinary rainfall. 
City not compelled to grade, pave and place gutters so as to prevent 
property being flooded by water when private i)artles change the 
configuration of adjacent land not lielonging to the city. 
Kurrle v. M. & C. C. 113 Md. 0.3. 



30 

A plaintiff cannot recover otherwise than according to the allegations 
of his declaration, and a prayer based on other facts is improper. Negli- 
gence. Recovery cannot be had upon testimony as to conditions appear- 
ing sixteen months later, In the absence of all testimony as to how 
the work had been done. 

Baltimore v. Stalfort, 123 Md. 269. 

(24) SQUAKES, SPKIN'GS AiND MONUMEITTS. 

1892, ch. 349. 
P. L. L., (1888) Art. 4, sees. 799D, 799E, 799F. 

To establish, regulate and control all squares, springs and 
monuments erected or constructed within the City of Baltimore, 
and to provide for the maintenance of same. To provide by 
ordinance for the purchase or condemnation of all that land 
lying in the City of Baltimore between the lines of Dolphin 
street on the north, Biddle street on the south, Jordan Alley on 
the east, and Morris Alley on the west, or so much thereof as 
may be necessary, upon a proper survey, to extend the line of 
parking known as Eutaw Square from Dolphin street to Biddle 
street, and the driveways on each side thereof; and to provide 
for the assessing and levying on the whole assessable property of 
the said city, or on the property of persons thereby benefited, 
the whole or any part of the damages and expenses which may 
be incurred in acquiring said land, and in locating and laying 
out the said line of square ; and to provide for the granting 
of appeals to the Baltimore City Court, from the decisions of 
the Commissioners for Opening Streets or any Commissioners, 
or other persons, appointed by authority of any ordinance to 
ascertain the damages which will be caused or the benefits which 
will accrue to the owners or possessors of ground, or improve- 
ments in acquiring said land, and in locating, laying out and 
extending said square from Dolphin street to Biddle street, and 
for securing to every_ such owner and possessor the right, on 
application within a reasonable time, to have decided by a 
Jury trial, whether any damage has been caused, or any benefit 
has accrued to them and to what amount ; and to provide for col- 
lecting and paying over the amount of compensation adjudged 
to each person entitled, or investing it in stock of said city, for 
the use of any such persons who, because of their infancy, 
absence from the city, or any other cause, may be prevented 
from receiving it, before any part of the land lying within tlie 
said lines shall be taken. Before the said city shall pass any 
ordinance under the above provisions, at least sixty days' notice 
shall be given of any application for the passage of such ordi- 
nance, in at least two daily papers in said city ; and before the 



31 

Commissioners for Opening Streets or any Commissioner or 
Commissioners appointed by any ordinance under the above 
provisions shall proceed to the performance of his or their dnty, 
he or they shall give notice in at least two of the daily news- 
papers in the City of Baltimore, of the object of the ordinance 
under which he or they propose to act, at least thirty days before 
the time of their first meeting to execute the same. 

(25) STOCKS, LOAXS AIS^D FIISTANCE. 

p. L. L., (1860) Art. 4, sec. 867. 1861, ch. 75. 1876, ch. 167. 18S0. ch. 94. 
P. L. L., (1888) Art. 4, sees. 801, 804. 

To levy upon the assessable property within the city, and 
collect by tax any sum which may be necessary to pay and dis- 
charge the principal and interest of any loan which may hereto- 
fore have been obtained, or which may hereafter be obtained by 
said city according to law. It shall create a sinking fund to meet 
the liabilities thus incurred, and may also levy upon the assessa- 
ble property of the City of Baltimore, from time to time, 
such sums as may be necessary to provide therefor, and for the 
payment of the principal and interest of the liabilities to be 
incurred under this section, and may pass all ordinances neces- 
sary to carry out the purpose of the same. Whenever the Com- 
missioners of Finance shall be authorized by the city to invest 
moneys belonging to the sinking fund of said city, in annuities 
or ground rents, reserved out of the lands leased to the city and 
payable by the said city, the said Commissioners may purchase 
such rents or annuities and reversions of such lands; and the 
conveyances thereof taken may be made to the Mayor and City 
Council of Baltimore, in trust for the benefit and purpose of 
the said sinking fund ; and in every such case, such conveyances 
shall not work a merger of the lease or term, but, until otherwise 
provided by law, the rent shall continue to be payable to the 
city as if such purchase had not been made, but shall be re- 
ceived and applied by the Commissioners of Finance as the 
income of other investments of the sinlcing fund may be applied. 
Whenever and as often as it may be necessary hereafter to issue 
cfrtificates of indebt(>dness or city stock or bonds of the City of 
Baltimore, either for loans of the said city, already created 
and authorized by law, but not yet negotiated and issued, 
or for loans which may be hereafter created and authorized 
to ])e issued as aforesaid, provision may be made, in the dis- 
cretion of the city for the payment of any taxes wliich 
the holders of said certificates or bonds may be legaliv li;iMe; 
provided, however, that the rate of interest payable on said loan 



32 

shall not exceed the rate of five pei* cent, per annum ; and pro- 
vided, further, that nothing herein contained shall prevent the 
said city from negotiating said loans, or any part thereof, 
already authorized by law, but not yet actually issued, or which 
may be hereafter created and authorized by law, at a lower rate 
of interest than five per cent, per annum, whenever it may 
appear to the said city practicable and advisable to do so. 

Baltimore v. Gill, 31 Md. 375. 

(26) STREETS, BRIDGES AND HIGHWAYS. 

(a) Opening, Extending, Widening, Straightening or clos- 
ing up Streets. 

1817, ch. 148. 1832, ch. 57. 1833, ch. 182. 1838, ch. 226. P. L. L., (1860^ 
Art. 4, sec. 837. 187S, ch. 143. P. L. L.. (1888) Art. 
4, sees. 806, 8061/2. 1894, ch. 312. 

To provide for laying out, opening, extending, widening, 
straightening or closing up, in whole or in part, any street, 
square, lane or alley within the bounds of said city, which in 
its opinion the public welfare or convenience may require. To 
provide for ascertaining whether any, and what amount in 
value, of damage will be caused thereby, and what amount of 
benefit will thereby accrue to the owner or possessor of any 
ground or improvements within or adjacent to said city, for 
which said owner or possessor ought to be compensated, or ought 
to pay a compensation, and to provide for assessing or levying, 
either generally on the whole assessable property of said city, 
or specially on the property of persons benefited, the whole 
or any part of the damages and expenses which it shall ascertain 
will be incurred in locating, opening, extending, widening, 
straightening or closing up the whole or any part of any street, 
square, lane or alley in said city. To provide for granting 
appeals to the Baltimore City Court, from the decisions of the 
Commissioners for Opening Streets or any Commissioner or 
Commissioners, or other persons appointed by virtue of any 
ordinance, to ascertain the damage which will be caused or the 
benefit which will accrue to the owners or possessors of ground 
or improvements by locating, opening, extending, widening, 
straightening or closing up, in whole or in part, any street. 
square, lane or alley within the said city, and for- securing to 
every such owner or possessor the right, on application within a 
reasonable time, to have decided by a jury trial whether any 
damage has been caused, or any benefit has accrued to them, and 
to what amount. To provide for collecting and paying over the 
amount of compensation adjudged to each person entitled, or 



33 

investing it in stock of the said city, for the use of any such 
person who, because of infancy, absence from the city or any 
other cause, may be prevented from receiving it, before any 
street, square, lane or alley, in whole or in part, shall be so 
opened, extended, widened, straightened or closed up, and to 
enact and pass all ordinances, from time to time, which shall 
be deemed necessary and proper to exercise the powers and 
effect the objects above specified. To acquire the fee simple 
interest in any land for the purpose of opening, extending, 
widening or straightening, in whole or in part, any street, square, 
lane or alley in Baltimore City. To provide by ordinance for the 
collection of rent or revenue, which may or can be derived or 
collected from the occupiers, tenants, or by whatever term they 
may be called, for the use and occupation by them, of all build- 
ing or buildings, or other property which the city pays for, to 
the o-s\Tiers thereof, in all cases of street openings, straightenings, 
closings or widenings, or in any case of condemnation for any 
piirpose whatever, said rent to be paid by said tenants or occu- 
piers of said building or buildings, or other property, to the city 
authorities, from the date of payment for the same by the city 
to the o^vners thereof, or from the date of the tender of such 
payment, if for any cause said owners refuse or cannot lawfully 
accept the same, until said building or buildings are removed, 
and until said property shall be required by the city for its 
purposes, under the condemnation proceedings. 

Alexander v. Mayor. &c., 5 Gill 3S3. Methodist Prot Ch. v. Mayor, 
&e., 6 Gill 391. Ricbardson v. Mayor, 8 Gill 433. White v. Flannigan, 
1 Md. .542. Moale v. Mayor, &c.. 5 Md. 321. Steuart v. :\Iayor, &c., 
7 Md. 500. Mayor v. Porter, 18 Md. 284. State v. Graves, 10 Md. 351. 
Steuart v. State, 20 Md. 97. Douglass v. Boonsboro Turup. Co.. 22 Md. 
219. Mayor, &c. v. P.ouldiu, 23 Md. 328. Mayor, &c. v. Clunet, 23 
Md. 449. ' Hawley v. Mayor, &c., 33 Md. 280. Page v. Mayor. &c., 34 
Md. 558. Hazelhurst v. Mayor, 37 Md. 199. Mayor v. Grand Lodge, 
44 Md. 436. Norris v. Mayor, &c., 44 Md. 598. McCormick v. Mayor, 
&c., 45 Md. 527. Dashiell v. Mayor, 45 Md. 016, 625, 620. Northern 
Central R. R. Co. v. Mayor, &c., 46 Md. 425. Brooks v. Mayor. &c., 
48 Md. 265. Mayor, &c. v. St. Agnes Hospital of Balto., 48 Md. 419. 
Mayor, &c. v. Reitz, 50 Md. 574. Hall v. Mayor. &('., 56 Md. 194. 
Mayor, &c. v. Black, 50 Md. .333. State ex rel. Henderson v. Taylor, 59 
Md. .341. Mayor. &r'. v. nof)k. 02 Md. 371. Central Savings Bank v. 
Mayor, &c., 71 Md. 515. Zion Church v. Mayor, 71 Md. 524. Frioden- 
wald V. Baltimore. 74 Md. 123. Van Witzen v. Gutman, 79 Md. 412, 
Balto. V. Ulman, 79 Md. 480. M. & C C. of Balto. v. Smith. 80 Md. 
400. M. & C. C. of Balto. v. Frick. 82 Md. 80. I'.altiiiiore v. Coates. 85 
Md. .531. Balto. City v. Bronrael, 80 Md. 159. Baltimore City v. Cowen. 
88 Md. 4.50. Bemhe v. Anno Arundel Co., 94 Md. 220. Riggs v. Win- 
terode, 100 Md. 447. 

The city is not compelled to accept any dedicated street. Until ac- 
cepted such streets remain private property. 

(3) 



34 

Brady v. Balto. Belt R. R., Daily Record, November 26, 1894. 

The doctrine of adverse possession applies to the case of property 
dedicated to public use for a highway vs^ithin the territorial limits of a 
municipal corporation. A municipal corporation may be held to be es- 
topped from setting up a claim to a public highway. 

Bing V. Mayor & C. C. of Baltimore, Daily Record, April 3, 1889. 

In relation to opening, widening, straightening, etc., streets, see, 

Binney's Case, 2 Bland, 129. Graff v. Mayor & C. C. of Baltimore, 
10 Md. 544. Merrick v. Mayor, 43 Md. 219. Black v. Mayor, &c., 50 
Md. 235. Tinges v. Mayor, &c., 51 Md. 600. Hiss v. Balto. & Hampden 
Pass. Railway Co., 52 Md. 242. McMurray v. Mayor, &c., 54 Md. 103. 
Hodges V. Balto. Union Pass. Railway Co., 58 Md. 603. Co. Commrs. 
of Balto Co. V. Md. Hospital, 62 Md. 127. Mayor, &c., v. White, 62 Md. 
362. Glenn v. Mayor, 67 Md. 390. Hitchins v. Frostburg, 68 Md. 100. 
P., W. & B. R. R. V. Shipley, 72 Md. 93. Pitts v. Baltimore, 73 Md. 326. 
Friedenwald v. Shipley, 74 Md. 220. Heaver v. Lanahan, 74 Md. 498. 
Burk V. Mayor & C. C. of Balto., 77 Md. 471. Gluck v. Baltimore, 81 
Md. 315. Baltimore City v. Fear, 82 Md. 246. Baldwin v. Trimble. 85 
Md. 397. Flersheim v. Mayor, 85 Md. 493. Valentine v. Hagerstown, 
86 Md. 488. Clendenin v. Md. Construction Co., 86 Md. 80. Baltimore 
City V. N. C. Ry. Co., 88 Md. 427. Ogle v. Cumberland, 90 Md. 62. 
Gardiner v. Baltimore City, 96 Md. 361. Jenkins v. Riggs, 100 Md. 438. 

Widening of Light Street. — Rights to build out in the Harbor. 
Baltimore City v. Steamboat Company, 104 Md. 485. 

Chester Street dedicated. 

Canton Company v. City, 104 Md. 582. 

Private alleys not exempt from taxation. 

Hill V. Williams, 104 Md. 595. 

Bridges over Falls and Railroads are parts of streets. 

Northern Central Railway v. United Railways and Electric Company, 
105 Md. 340. 

Dedication may be nullified by non-user by public coupled with adverse 
occupation. 

Canton Co. v. City, 106 Md. 69. 

As to evidence of dedication. 

Baltimore v. Yost, 121 Md. 366. 

Reference in deed held for purpose of location, and not dedication, 
under facts of case. 

Bloede v. Baltimore, 115 Md. 594. 

Improvements of the highways within Baltimore City by the State 
Roads Commission and the right to compel railway company to remove 
its tracks at its own cost. 

United Railways Company v. State Roads Commission, 123 Md. 561. 

A dedication of a street to become irrevocable must be accepted. 
Baltimore v. Canton Co., 124 Md. 620. 

(b) Grade Lines of Streets. 
1874, ch. 218. P. L. L., (1888) Art. 4, see. 809. 1888, ch. 285. 
To provide by general or special ordinance for the establish- 
ment, and change from time to time, of the grade lines of any 
street, lane or alley, or part thereof, located or laid out upon 
the plan of said city. 



35 

Dashiell v. Mayor, &c.. 45 Md. 616. Cumberland v. Willson, 50 Md. 
147. 148. Kelley v. Mayor, &c., 65 Md. 175. O'Brien v. Balto. Belt R. 
R., 74 Md. 373. Baltimore City v. Cowen, 88 Md. 447, 458. Guest v. 
Church Hill, 90 Md. 693. 

(c) Grading, Paving, Cuebing, Etc., Steeets. 

(Special Ordinance.) 

1874, ch. 218. P. L. L., (1888) Art. 4, sec. 810. 1892, ch. 219. 
To provide hj ordinance for grading, shelling, graveling, pav- 
ing and curbing, or for the regrading, reshelling, regraveling, 
repaving and recurbing of any street, lane or alley in said city, 
or part thereof, now condemned, ceded, opened as a public high- 
way, or which may hereafter be condemned, ceded, opened, 
widened, straightened or altered according to the laws and 
ordinances regulating the same, and also for assessing the cost 
of any such work, in whole or in part, upon the property binding 
upon such street, lane or alley, or part thereof, according to 
such rule or basis as it may determine, and for collecting said 
assessments as other city taxes are collected or in such manner 
as it may prescribe, either before or after the work shall have 
been done, provided that before the passage by either Branch 
of the City Council of any ordinance requiring the whole or any 
portion of the costs to be assessed upon the property ten days' 
notice shall be given in at least two of the daily newspapers in 
said city, and an opportunity shall be afforded to all persons 
interested therein to appear and be heard before some appro- 
priate committee of the Council, and it may also provide for 
appeals to the Baltimore City Court from the decisions of the 
Commissioners for Opening Streets or any Commissioner or 
Commissioners, or other person or persons appointed to deter- 
mine the amount of assessment to be made upon any property 
under any such ordinance; and in the trial of such appeal the 
practice shall conform as near as may be to the practice in the 
trials of street appeals, including the right of appeal to the 
Court of Appeals. 

Mayor, &e., v. Moore. 6 H. & J. 375. Mayor, &c. v. Hushes. 1 G. & .7. 
480. Esehbach v. Pitts, 6 Md. 71. Mayor. &c. v. Groenmount Coniotery, 
7 Md. 517. Henderson v. Mayor, 8 Md. 3.52. Mayor, &o. v. Porter, IS Md. 
284. N. C. Ry. Co. v. Baltimore. 21 Md. 105. Mayor, &c. v. Horn. 20 
Md. 194. Baito. & Pot. R. R. Co. v. Reany, 42 Md. 118. Dashiell v. 
Mayor, 45 Md. 610. Burns v. Mayor. 48 Md. 198. Mayor, &c. v. Scharf, 
54 Md. 499. Mayor, &(•. v. .Tohns Hopkins. 50 Md. 1. Gould v. Mayor, 
58 Md. 40. Gould v. M. & C. C. of Baltimore. .59 Md. 378. Moale v. Mayor, 
&c., 01 Md. 224. Mayor, &o. v. Hanson, 01 Md. 402. Mayor. &c. v. .John- 
son. 02 Md. 225. Mayor. &<: v. Hook. 02 Md. 371. All)(>rf,'or v. Mayor, 
64 Md. 1. Kelley v. Mayor. 05 Md. 171. Baltimore v. Raymo, OS Md. 



36 

569. Ulman v. Mayor, 72 Md. 591, 609. Baltimore v. Ulman, 165 U. S. 
719. O'Brien v. Balto. Belt R. R., 74 Md. 273. Baltimore v. Ulman, 79 
Md. 469. Balto. v. Cowen, 88 Md. 457. Guest v. Church Hill, 90 Md. 693. 
Balto. City v. Stewart, 92 Md. 535, 551. Cahill v. Baltimore City, 93 Md. 
233. Kent County v. Godwin, 98 Md. 84. Frostburg v. Wineland, 98 Md. 
243. 

For further decisions relating to grading, paving and curbing, see, — 

Clements v. Mayor, &c. of Baltimore, 16 Md. 208. Mayor, &c. v. 
Harwood, 32 Md. 471. Peddicord v. Balto., Catonsville, &c., Co., 34 Md. 
463. Cumberland v. Willson, 50 Md. 138. Hitchins v. Frostburg, 68 
Md. 100. C. & P. Tel. Co. v. McKenzie, 74 Md. 48. M. & C. C. of Balto. 
V. Turnpike Co., 80 Md. 536. Smyrk v. Sharp, 82 Md. 97. Hagerstown 
V. Startzman, 93 Md. 609. DeLawder v. Balto. County, 94 Md. 1. Offutt 
V. Montgomery Co., 94 Md. 115. 

The ten days' notice of the passage of an ordinance authorizing paving 
prescribed by Act of 1892, ch. 219 (now sec. 6 of Charter) must be 
given or a Court of Equity will intervene. 

Bond v. Malster, Daily Record, July 6, 1899. 

As to degree of care city must exercise in keeping the streets in repair, 
see, 

Baltimore City v. Lobe, 90 Md. 314. 

Liability of municipal corporations for defects in streets — Negligence 
— ^Notice — Defects not apparent on surface. 

Sweeten v. Baltimore, 123 Md. 88. 

A plaintiff cannot recover otherwise than according to the allega- 
tions of his Declaration, and a prayer based on other facts is improper — 
Negligence — Recovery cannot be had upon testimony as to conditions 
appearing sixteen mouths later, in the absence of all testimony as to 
how the work had been done. 

Baltimore v. Stalfort, 123 Md. 269. 

■ 

(d) Grading, Paving, Curbing, Etc., Streets. 

(General Ordinance, Application of Owners.) 

1874, ch. 218. P. L. L., (1888) Art. 4, sec. 811. 

To provide by general ordinance, subject to provisions and 
requirements of section 85 of this Article, for the grading, grav- 
eling, shelling, paving or curbing, or for the regrading, regravel- 
ing, reshelling, repaving or recurbing of any street, lane or 
alley, or part thereof, in said city, without the passage of a spe- 
cial ordinance in the particular case, whenever the owners of a 
majority of the front feet of property binding on such street, 
lane or alley, or part thereof, shall apply for the same, upon 
terms and under conditions to be prescribed in the same general 
ordinance, and for the assessment in any such case of the cost 
of such work, in whole or in part, pro rata, upon all the property 
binding upon such street, lane or alley, or part thereof, and for 
the collection of such assessment as other city taxes are collected. 



37 

Henderson v. Mayor, 8 Md. 352. Holland v. Mayor, 11 Md. 186. 
Bouldin v. Mayor, 15 Md. IS. Mayor, &e. v. Eschbach, 18 Md. 270. 
Mayor v. Porter, 18 Md. 284. Howard v. First Ind. Church, 18 Md. 451. 
Mayor, &c. v. Bouldin. 23 Md. 328. Mayor, &c. v. Horn, 26 Md. 195. 
Lester v. Mayor, 29 Md. 419. Dashiell v. Mayor, 45 Md. 624. Burns 
V. Mayor, 48 Md. 200. Wolff v. M. & C. C. of Baltimore, 49 Md. 446. 
Mayor, &c. v. Johns Hopkins Hospital, 56 Md. 1. Moale v. Baltimore, 
61 Md. 237. Mayor, &c. v. Boyd, 64 Md. 10. 

(e) Levy of Tax to Pay Unpaid Assessments for 

Grading, Paving, etc. 

1892, ch. 284. P. L. L., (1888) Art. 4, sec. 811 A. 

In any and all cases where any street, lane or alley, or any 
part thereof, in the city, has been graded, paved or curbed, or 
regraded, repaved or recurbed, under any ordinance which pro- 
vided for assessing the whole or any portion of the cost of such 
improvement upon the property binding upon such street, lane 
or alley, or part thereof, and such assessments, or any part 
thereof, remain unpaid, it shall be lawful for the city to provide 
by ordinance for the levy and collection in such manner as it 
may deem proper, of a tax upon all the property binding on any 
street, lane or alley, or part thereof, which may have been so 
improved, to the extent that such property shall have been spe- 
cially benefited by such improvement, provided, that no property 
upon w^hich the assessment originally made for its share of the 
cost of such improvement shall have been paid, shall be again 
assessed, and that reasonable notice and an opportunity to be 
heard shall be given to all persons interested before the final 
ascertainment of the amount of tax to be paid by any such prop- 
erty, and the said city shall provide for appeals to the Baltimore 
City Court by any person or persons interested, inchuling the 
city itself from the decision of the Commissioners for Opening 
Streets, or any Commissioner or Commissioners or other per- 
sons appointed to determine the amount or amounts of such spe- 
cial taxes or assessments; and in the trial of such appeals the 
practice shall conform as near as may be to the practice in the 
trial of street appeals, including the right of appeal to the Court 
of Appeals. 

Baltimore v. Ulman, 79 Md. 480. Ulman v. Baltimore, 165 U. S. 719. 
Balto. V. Stewart, 92 Md. 535. Leser v. Wagner, 119 Md. 671. 

(f) Footways. 
P. L. L., (1860) Art. 4, sec. 852. P. L. L., (1888) Art. 4, sec. 816. 
To pass all ordinances necessary for grading, regulating, pav- 
ing and repairing the footways in the streets, lanes and alloys 



210657 



38 

of the city, and impose a tax on any lot fronting on any paved 
street, lane or alley, for the purpose of grading, regulating, pav- 
ing or repairing footways in front thereof, or compel by fine or 
otherwise the owner or proprietor of any lot to pave or repair the 
footways in front thereof, agreeable to the ordinances to be 
passed by it. 

Bassett v. Ocean City, 118 Md. 114. State v. Kent County, 83 Md. 379. 

(g) Regulating use of Street, 
obstructions and encroachments. 

To regulate the use of streets, highways, roads, public places 
and sidewalks by foot passengers, animals, vehicles, cars, motors 
and locomotives, and prevent encroachment thereon and obstruc- 
tion of the same. 

C. & P. Tel. Co. V. Baltimore City, 89 Md. 705. Hagerstown v. Klotz, 
93 Md. 440. Townsend. Grace & Co. v. Epstein, 93 Md. 537. Baltimore 
City V. Beck, 96 Md. 190. B. & O. R. R. Co. v. Balto. City, 98 Md. 536. 
Knight V. Balto. City, 97 Md. 649. Balto. City v. Walker, 98 Md. 640. 
Brauer v. Refrigerator Co., 99 Md. 376. 

As to widening of sidewalks by city, see, Klein v. U. Rys. & Elec. Co., 
Daily Record, January 4, 1906. 

For decisions arising out of the exercise and construction of powers 
under paragraph (G), see. 

Mayor & C. C. of Balto. v. Marriott, 9 Md. 160. Roman v. Strauss, 
10 Md. 89. Mayor, &c., Balto. v. Pennington, 15 Md. 12. Altvater v. 
Mayor, 31 Md. 462. Houck v. Wachter, 34 Md. 265. Peddicord's Case, 
34 Md. 463. Mayor, &e. v. Holmes, 39 Md. 243. Flynn v. Canton Co., 
40 Md. 312. Mayor, &c., Balto. v. O'Donnell, 53 Md. 110. Turner v. 
Holman, 54 Md. 148. Gore v. Brubaker, 55 Md. 87. Canal Co. v. County 
Commrs., 57 Md. 201. Textor v. B. & O. R. R. Co., 59 Md. 63 Sinclair 
Y. Baltimore, 59 Md. 598. Crook v. Pitcher, 61 Md. 510. 

Thomas v. Ford, 63 Md. 346. Taylor v. Cumberland, 64 Md. 68. 
Garrett v. Janes, 65 Md. 260. Kennedy v. Cumberland, 65 Md. 514. 
C. & P. Tel. Co. V. McKenzie, 74 Md. 49. 50. Koch v. N. Ave. Ry. Co., 
75 Md. 229. N. Balto. R. R. Co. v. N. Ave. R. R. Co., 75 Md. 233. N. 
Balto. R. R. Co. v. Baltimore, 75 Md. 247. Twilley v. Perkins, 77 Md. 
262. Lake Rol. El. R. R. Co. v. Balto., 77 Md. 372-381. Green v. City 
& Sub. Ry. Co., 78 Md. 307. Condon v. Sprigg, 78 Md. 337. Garrett 
V. Lake Rol. Elv. R. R. Co., 79 Md. 277. Postal Telg. Cable Co. v. 
Baltimore, 79 Md. 512. Cochrane v. Frostburg, 81 Md. 54. Ulman v. 
Charles St. Ave. Co., 83 Md. 145. Baldwin v. Trimble, 85 Md. 396. 
Gunther v. Dranbauer, 86 Md. 1. Reidel v. P., W. & B. R. R. Co.. 87 
Md. 158. Worcester Co. v. Ryckman, 91 Md. 37. Mason v. Cumber- 
land, 92 Md. 462. Keen v. Havre de Grace, 93 Md. 34. Magaha v. 
Hagerstown, 95 Md. 69. New Windsor v. Stocksdale, 95 Md. 215. 

Turnpike road partly in Baltimore City owned by private corpora- 
tion and streets owned by individuals but used by the public as high- 
ways are streets and highways of Baltimore City within the meaning 
of this Section. 

The Patapsco Electric Co. v. M. & C. C, 110 Md. 310. 



39 

City liable for negligence of its contractor digging sewer under its 
supervision, evidence showing negligence — pleading. 
Hanrahan v. City, 114 Md. 517. 
Regulating use of streets — liability — obstruction — defect, street — city 
liable — obstruction on sidewalk left by its contractor over whom it re- 
tains supervision— contributory negligence, plaintiff — not guilty — lights. 
McCarthy v. Clark, 115 Md. 454. 
Obstruction — railroad track- — public sti'eet — cutting off access— abutt- 
ing owner — proof extent of injury ; dimunition in market value. 
Webb v. B. & O. R. R. Co., 114 Md. 216. 

(h) Opening of Street Surface. 

To regulate the opening of street surface, for the purposes 
authorized by law or ordinance. 

In relation to opening street surface, see, State v. Latrobe, 81 Md. 
233. Edison Co. v. Hooper, 85 Md. 111. C. & P. Telephone Co. v. 
Balto. City, 89 Md. 689. Balto. City v. Balto. Co. W. & E. Co., 95 
Md. 239. 

(i) ITuMBERiNG Houses. 

To regulate the numbering of houses, lots, streets and avenues, 
and the naming of streets, avenues and public places. 

(j) Regulating Use of Sidewalks and Streets 
BY Signs, Poles, Wires, Trees, etc. 

1912, ch. 32. 

To regulate the use of streets and sidewalks for use of tele- 
graph posts, trolley poles, electric light poles, telegraph wires, 
electric light wires and for any and all other purposes, and to 
prohibit the erection of any posts, poles or wires and to compel 
the removal of any posts, poles or wires in, over or above any 
street, sidewalk or highway ; and to regulate the planting, trim- 
ming or destroying of trees in or upon any street, sidewalk or 
public highway. 

Ches. & Pot. Tel Co. v. McKenzio, 74 Md. 47. Postal Telg. Cable Co. v. 
Baltimore, 79 Md. 512. Balto. City v. Walker, 98 Md. 637. Brauer v. 
Refrigerating Co., 99 Md. 512. 

'J'lio Act 1900, chapter 152 and the Act 1904, chapter 016. ro-onncting 
section 8 of the Charter, l)y their terms necessarily modify the general 
power of the Mayor and City Council of Baltimore in relation to signs, 
sign posts, awnings, awning posts and horse troughs where construction 
or erection of same obstructs sidewalk. Sub-division "J" of section 6, 
supra, has been modified accordingly. 

City may not arbitrarily or unreasonably destro.v shade trees, but 
where their destruction is necessary to a street improvement, no liability. 
Easton v. Turner, 117 Md. 111. 



40 

A provision similar to above held to be a reasonable grant of power. 
A prohibition of awning poles, obstructions, &c., on certain streets or in 
a certain district, although permitted in other sections of the city, is 
not invalid on the ground that it discriminates or is arbitrary. 
Etchison v. Frederick City, 123 Md. 283. 

(k) Cleaning and Lighting Streets. 

p. L. L., (I860) Art. 4, sec. 862. P. L. L., (1888) Art. 4, sec. 819. 

To clean the streets and remove the dirt and filth therefrom, 
and to prohibit and punish by ordinance, the placing of any 
dirt, filth or other matter therein, and to protect any pavement 
by prohibiting the travel thereon. To erect lamps in any of the 
streets, lanes or alleys of said city, and cause the same to be 
lighted at the expense of the city. 

Baltimore City v. Beck, 96 Md. 183. See, also. Am. Lighting Co. v. 
McCuen, 92 Md. 705. 

(l) Use of Streets by Tracks, Poles and Wires. 
p. L. L., (1888) Art. 4, sec. 819a. 1890, ch. 370. 1914, ch. 859. 

To regulate the use of streets, lanes or alleys in said city, by 
railway or other tracks, gas or other pipes, telegraph, telephone, 
electric light or other wires and poles, in, under, over or upon 
the same, and to require all such wires to be placed under 
ground after such reasonable notice as it may prescribe. To 
determine the character of the foundation to be used under and 
around the railway ties, and, in any case where a street is being 
paved by the Paving Commission or other public agency and 
the character of the foundation is not determined by ordinance, 
the same shall be determined by the Paving Commission "or other 
public agency doing such paving, and full power to do so is 
hereby given. It shall be the duty of every railroad or street 
railway corporation occupying with its tracks any portion of 
the public highways of Baltimore City to put in the character 
of foundation determined upon in pursuance of this provision. 

Ches. & Pot. Tel. Co. v. McKenzie, 74 Md. 47-48. Koch v. North Ave. 
Ry. Co., 75 Md. 222-229. N. Balto. Pass. Ry. Co. v. N. Ave. Ry Co., 75 
Md. 233. N. Balto. Pass. Ry. Co. v. Mayor, &c, Balto., 75 Md. 247. Lake 
Rol. R. R. Co. v. Baltimore, 77 Md. 380-381. Garrett v. Lake Rol. El. 
R. R. Co., 79 Md 286. Postal Tel. Cable Co. v. Balto., 79 Md. 511. Edi- 
son Co. V. Hooper, 85 Md. 111. Hooper v. Balto. City Pass. Ry. Co., 85 
Md. 509. Poole v. Falls Rd. Ry. Co., 88 Md. 533. C. & P. Tel. Co. v. 
Balto. City, 89 Md. 705. C. & P. Tel. Co. v. Balto. City, 90 Md. 638. 
Baltimore v. C. & P. Tel. Co., 92 Md. 692. Balto. v. Balto. Co. W. & Elec. 
Co., 95 Md. 239. Purnell v. McLane, 98 Md, 594. Simon's Sons v. Md. 
Tel. & Telg. Co., 99 Md. 173. 

Rule laid down as to extent of city's right to regulate erection of 
poles in the streets. City & Suburban Railway Company v. Brush Elec- 
tric Co., Daily Record, December 20, 1895. 



41 

When action at law is only remedy for injuries to abutting property 
by the erection of a pole. Polenk v. Md. Telephone Company, Daily 
Record, June 13, 1901. 

For further decisions relating to use of streets by tracks, poles and 
wires, see, 

N. C. Ry. Co. V. M. & C. C. of Balto., 46 Md. 423. Kirby v. Citizens 
Ry. Co., 48 Md. 168. Hiss v. Balto. & H. Ry. Co., 52 Md. 242. Hodges 
V. B. C. P. Ry. Co., 58 Md. 603. Canton Co. v. B. & O. R. R. Co., 79 
Md. 432, State ex rel v. Latrobe, 81 Md. 222. Birch v. Lake Rol. El. 
R. R. Co., 83 Md. 369. United Rys. Co. v. Hayes, 92 Md. 490. Lona- 
coning v. Consol. Coal Co., 95 Md. 635. B. & O. R. R. Co. v. Baltimore, 

98 Md. 536. Consol. Gas Co. v. Balto. Co., 98 Md. 696. 

(m) Conduits, Electrical Commission and Kentals 

OF Conduits. 

1892, ch. 200. P. L. L., (1888) Ai't. 4, sec. S19B. 

To provide a series of conduits under the streets, lanes and 
alleys of said city, or any part or parts thereof, for the use of tel- 
ephone, telegraph, electric light and other wires, either by con- 
structing said conduits itself or authorizing their construction 
by such person or corporation, upon such terms as may be 
agreed upon. To appoint an Electrical Commission, with such 
powers and duties as it may deem proper or appropriate for 
carrying out the aforesaid provisions of this section relating 
to conduits. To require all such wires, or any part or parts 
thereof, and the poles carrying the same, to be removed from the 
surface of the streets, lanes or alleys of said city, or any part 
or parts thereof, and to require such wires to be placed in such 
conduits, all under such penalty as it may prescribe. To pre- 
scribe and establish reasonable rentals to be paid by any com- 
pany or person using any of said conduits, by whomsoever the 
same may be constructed, for the use thereof, and to provide 
for the collection of such rentals, in addition to the ordinary 
processes by such summary methods as it may deem appropriate ; 
provided, however, that nothing contained in this Article shall be 
deemed or taken to modify or change, in any manner, the provi- 
sions of Ordinance Xumber Forty-one, of the Mayor and (.^ity 
Council of Baltimore, approved May 9, 1889, or the rights and 
privileges granted thereby to the companies therein named or 
either of them. 

Hor)i)or v. City I'ass. Ry. Co., 85 Md. 110. C. & P. Tel. Co. v. Balti- 

rnore, S9 Md. 689. C. & 1'. Tel. Co. v. Baltimore, 90 Md. 038. C. & P. 

^Tel. Co. V. Baltimore, 92 Md. 692. Purnell v. McLane, 98 Md. 590. 

Of., Edison Co. v. Hooper, 85 Md. 110. Simon's Sons v. Md. Tel. Co., 

99 Md. 173. 



42 

(n) Bkidges and Turnpike Koads. 

1824, ch. 105. P. L. L., (1860) Art. 4, sec. 857. P. L. L., (1888) Art. 4, 

sec. 818. 

To purchase, with the County Commissioners of any adjoin- 
ing or neighboring counties of said city, all bridges and turn- 
pikes roads, or any portions thereof, leading toward said city, 
at such times and upon such terms as it and said County Com- 
missioners on the one part, and the owner of such bridges and 
highways on the other, may mutually agree, and when so pur- 
chased all or any of them shall thereafter be free public high- 
ways, and as such under the care and management of said city 
and said County Commissioners, as they may respectively 
provide and stipulate as between them. 

Hooper v. President, B. & Y. Turnpike Road, 34 Md. 521. Balto. & 
Havre de Grace Turnpike Co. v. Union Ry. Co., 35 Md. 224. Peddi- 
cord V. B. C. & E. M. R. R. Co., 34 Md. 463. M. & C. C. of Baltimore 
V. Turnpike Co., 80 Md. 541. See Frusli v. Mayor, City Court, Oct. 15, 
1874, decision of Brown, C. J. 

(o) Cathedral Cemetery. 
Kepealed by Act of 1912, chapter 429. 

(p) Light Street Bridge. 
1886, ch. 24. P. L. L., (1888) Art. 4, sec. 823. 

With the County Commissioners of Anne Arundel County, 
to cause to be erected and maintained at their joint expense 
lamps along and on Light Street Bridge, not more than seventy- 
five yards apart ; provided, that there shall be at least one lamp 
at each end of the draw of said bridge, and the said lamps shall 
be attended to, cleaned, lighted at night and extinguished in 
the morning by the keeper of said bridge. 

Pumplirey v. Mayor, 47 Md. 145. Mayor, &c. v. Stoll, 52 Md. 435. 

See note pages 364-365 City Code (1879). 

See Act 1914, ch. 267. 

(q) Distributing Poles and Other Similar Structures. 

1908, ch. 168. 

To erect and construct through the Electrical Commission, 
in connection with the underground conduits now in course of 
construction by said Commission, distributing poles or other 
similar structures ; and to compel and regulate the use of said 
poles or other similar structures by individuals and corporations 
to the same extent as the Mayor and City Council of Baltimore 



43 

can now compel and regulate the use of underground conduits 
by individuals or corporations. 

(27) SUKVEYOR. 

p. L. L., (1860) Art. 4, sec. 865. P. L. L., (1888) Art. 4, sec. 825. 

To prescribe by ordinance the duties and compensation of 
the City Surveyor. 

(28) TAXES. 

(a) Annual Levy. 

1874 eh. 180. P. L. L., (1888) Art. 4, sec. 827. 

To levy annually upon the assessable property of the city, by 
direct tax, with full power to provide by ordinance for collection 
.of the same, such sum of money as may be necessary, in its 
judgment, for the j^^^i'pose of defraying the expenses of said 
city over and exclusive of all expenses, charges and sums of 
money which it is, or shall be required bv law to collect for other 
purposes subject to the provisions and limitations herein con- 
tained. 

St. Mary's Industrial School v. Brown, 45 Md. 329-333. Hopkins v. 
Van Wyck, 80 Md. 17. Casualty Ins. Co.'s Case, 82 Md. 561-564. Cf., 
Insurance Co. v. Mayor, &c., 23 Md. 296. Watts v. Port Deposit, 46 
Md. 500-505. Mayor, &c. v. Johnson, 62 Md. 225. Hebb v. Moore, 66 
Md. 167. B. C. & A. R. R. Co. v. Wicomico Co., 93 Md. 124. Water Co. 
V. Westminster, 98 Md. 551. 

(b) Peoperty Taxable. 

1865, ch, 119. P. L. L., (1888) Art. 4, sec. 828. 

To lev}^ and collect taxes upon every description of property 
found within the corporate limits of said city, which it is now 
authorized by law to levy taxes upon, for the purpose of defray- 
ing the expenses of the municipal government, whether the 
owners thereof reside within or without the limits of said 
corporation; provided that no stocks, bonds, mortgages, certifi- 
cates or other evidences of indebtedness of any bank or other 
corporation situate within the limits of said city, which are 
OAvned or liold by persons residing witbout said limits, shall be 
subject to taxation for the purpose above set forth ; and provided 
further than no authority is given by this section to impose taxes 
on any property which is now or may hereafter be exempted from 
taxation by any general or special Act of the General Assembly 
of ^Marvlaiul, nor upon any ])V()pcM-ty wliicli may bo stored or 
deposited in the City of Baltimore for temporary purposes. 



44 

M. & C. C. of Balto. V. B. & O. R. R. Co., 6 Gill 294. Latrobe v. 
Mayor, 19 Md. 13. Mayor v. Sterling, 29 Md. 48. The Appeal Tax 
Court Cases in 50 Md. Gunther v. Baltimore, 45 Md. 457. Union, &e., 
Co. V. Mayor, 71 Md. 405. Hopkins v. Baker, 78 Md. 363. Postal Tel. 
Cable Co. v. Balto,, 79 Md. 502. Park Tax Case. 84 Md. 1. Textor v. 
Shipley, 86 Md. 442. Corry v. Baltimore, 96 Md. 322. Balto. City v. 
Johnson. 96 Md. 738. Dry Dock Co. v. Baltimore, 97 Md. 103. Con- 
solidated Gas Co. V. Baltimore, 101 Md. 541. 

For additional decisions bearing upon the construction of this sec- 
tion, see, 

Mayor, &c. v. Chase, 2 G. & J. 376. Dallam et al. v. Oliver's Exrs., 
3 Gill 445. Mayor v. State, 15 Md. 376. Mayor, &c. v. Grand Lodge, 
60 Md. 280. Mayor, &c. v. Canton Co.. 63 Md. 218. Bonaparte v. State, 
63 Md. 446. Mayor, &c., Balto. v. Hussey, 67 Md. 112. Degner v. 
Mayor, &c., 74 Md. 144. Wells v. Hyattsville, 77 Md. 133. County 
Commr's v. Winand, 77 Md. 522. U. S. Elec. Light Co. v. State, 79 
Md. 63. Simpson v. Hopkins, 82 Md. 478. Myers v. Baltimore County, 
83 MQ. 386. Fredk. County v. Fredk. City. 88 Md. 658. Salisbury v, 
Jackson, 89 Md. 521. Kinehart v. Howard, 90 Md. 1. Monticello v. 
Baltimore City, 90 Md. 426. Balto. City v. Safe Deposit & Trust Co., 
97 Md. 659. Balto City v. Allegheny Co., 99 Md. 1. Cambridge v. 
Water Co., 99 Md. 501. 

For other cases relating to taxes and taxation, see under sections 
4, 36, 40, 42 to 58 inclusive, 145 to 171 inclusive, and 843 of the Charter. 

Taxation of Easements by Appeal Tax Court: In Article 81, sections 
2, 4, 138 and 141, the Legislature did not intend that such an easement 
as the Baltimore and Fredericktown Turnpike Company possesses in its 
road-bed in Baltimore City should be assessable by the Appeal Tax Court. 

Balto. & Fredk. Turnpike Co. v. Mayor & C. C. of Baltimore, Daily 
Record, May 7, 1903, 

Arbitrary exemption from taxation void. 

Baltimore v. Star Church, 106 Md. 281. 

Foreign corporation doing business in State not exempt. 
Hannis Dis. Co. v. Balto., 114 Md. 678. 

City can increase assessment on land decreed to be sold in Equity. 
M. & C. C. V. John S. Gittings, Trustee, 113 Md. 120. 

Notice addressed to plaintiff personally, and not as Trustee, is suffi- 
cient to inform him of the increase proposed to be made in the assess- 
ment and his remedy is by appeal to City Court and not to apply to a 
Court of Equity. 

M. & C. C. V. Gittings, 113 Md. 120. 

(c) Abatements to Encourage Manufactures. 

1880, ch. 187. P. L. L., (1888) Art. 4, sec. 829. 1912, ch. 32. 

To provide by general ordinance, whenever it shall seem 
expedient for the encouragement of the growth and develop- 
ment of manufactures and manufacturing industry in the said 
city, for the abatement of any or all taxes levied by authority 
of the said Mayor and City Council of Baltimore, or by ordi- 
nance thereof, for any of the corporate uses thereof, upon any or 



45 

all personal property of every description ov/ned by any indi- 
vidual, lirm or corporation in said city, and property subject to 
valuation and taxation therein, including mechanical tools or 
implements, whether worked by hand or steam or other motive 
power, machinery, manufacturing apparatus or engines, raw 
materials on hand, stock in trade, bills receivable, and business 
credits of every kind, which said personal property shall be 
actually employed or used in the business of manufacturing in 
said city; provided that such abatement shall be extended to 
all persons, firms and corporations engaged in the branches of 
manufacturing industry proposed to be benefited by any ordi- 
nance passed imder the provisions of this paragraph of this 
section. Any taxes so abated shall be deducted from the taxes 
payable upon the capital stock, taxable in said city, of manufac- 
turing corporations, incorporated under the laws of the State 
of Maryland and located in said city; but nothing herein con- 
tained shall affect in any way the taxes that are now or may 
hereafter be payable by law to the State of Maryland or any 
of the counties or municipalities of the State on the capital 
stock of manufacturing corporations, incorporated under the 
laws of this State and located in Baltimore City. It shall be 
the duty of the Appeal Tax Court to make such abatement of 
taxes, levied as aforesaid, as may be authorized and directed 
by ordinance, as aforesaid; provided that application for such 
abatement as aforesaid shall be made by the party applying for 
the same before the annual revision and correction of the tax 
lists for the year in which said applicant desires such abatement, 
but it shall not be necessary for the applicant to renew his 
application from year to year. Said application shall be verified 
to the satisfaction of said court by the oath of the party applying 
for the same or other satisfactory evidence. Said court shall 
further keep a record of all abatements made by it as aforesaid 
and report in writing the aggregate amount thereof to the "Mayor 
and City Council of P>altiniore on or before the fifteenth day of 
October in each year. 

Consol. Gas Co. v. Mayor & C. C. of Balto., 62 Md. 5SS. r/.. Wells v. 
Hyattsville. 77 Md. 125. Electric Light Co. v. Frederick City, 84 Md. 5fl0. 

(ll) COT.T-KCTION OF TaXKS. 

ISIO, cii. (>'.i. 1S74. eh. :;'.). r. L. L., (1800) Art. 4. s(>c. S7:{. P. L. 1- 

(1S8S) Art. 4, sees. 830, 831. 

To extend the limits of direct taxation within the said city, 
from time to time, as it sli:ill deem oxpcdicnt. To liiivc power 
to provide bv ordiiiaiifo or otherwise for tlio pmmpt colloction 



46 

of taxes due the city, and have power to sell real estate, as well 
as personal property, for the payment of taxes. 

Mayor, &c. v. Howard, G H. & J. 383. Dugaii v. Mayor, 1 G. & J. 499. 
Mayor, &c. v. Chase, 2 G. & J. 376. Dallam et al. v. Oliver's Exrs., 3 
Gill 445. Eschbach v. Pitts, 6 Md. 71. Latrobe v. Mayor, 19 Md. 13. 
Appeal Tax Court v. W. M. R. K. Co.. 50 Md. 274. Appeal Tax Court 
V. Patterson. 50 Md. 354. Baltimore v. Hussey, 67 Md. 112. Union, 
&c., Co. V. Mayor. 71 Md. 23S. Degner v. Mayor, 74 Md. 144. Parlett v. 
Dugan, 85 Md. 407. Textor v. Shipley, 86 Md. 442. 

In relation to collection of taxes generally, sec, 

Tuck V. Calvert, 33 Md. 209. Dashiell v. Mayor, 45 Md. 613. Wheeler 
V. Addison. 54 Md. 41. County Commissioners v. Union IVIining Co.. 61 
Md. 545. Hebb v. Moore, 66 Md. 167. Condon v. Mayuard. 71 Md. 601. 
Faust v. Building Ass'n., 84 Md. 186. Fowble v. Kemp, 92 Md. 628. 

(29) THEATRICAL AITD OTHER PUBLIC AMUSE- 
MENTS. 

p. L. L., (1860) Art. 4, sec. 906. P. L. L., (1888) Art. 4, sec. 665. 

To provide for licensing, regulating and restraining theatrical 
or other public amusements within the City of Baltimore. 

(30) WATER. 

(a) AcQuisiTiOiV OF Land and Watercourses. 

1853, ch. 376. P. L. L., (1860) Art. 4. sec. 928. P. L. L., (1888) Art. 4, 

sec. 915. 

To establish, operate, maintain and control a system of water 
supply for Baltimore City, and to pass all ordinances necessary 
in the premises. From time to time to contract for, purchase, 
lease, and hold, in fee simple, or for a term of years, any land, 
real estate, spring, brook, water, watercourse, and also the right 
to use and occupy, forever or for a term of years, any land, 
real estate, spring, brook, water or watercourse which it ma,y 
conceive expedient and necessary for the purpose of conveying 
water into the said city for the use of the said city and for the 
health and convenience of the inhabitants thereof, and also the 
right to enter and pass through, from time to time, as occasion 
may require, and to use and occupy the said lands, through which 
it may deem necessary to convey the said water ; and it is hereby 
invested with all the rights and powers necessary for the intro- 
duction of water into said city, and to enact and pass all ordi- 
nances from time to time, which shall be deemed necessary and 
proper to exercise the powers and effect the objects above 
specified. 

Mayor. &c. v. Appold, 42 Md. 442. Mayor, &c. v. Warren Mfg. Co., 
59 Md. 96. Baltimore City v. Merryman, 86 Md. 591. Of., Baltimore 



47 

V. Ritchie, 51 Md. 232. Consolidated Gas Co. v. Balto. County, 98 Md. 
695. Callaway v. Baltimore City, 99 Md. 316. 

Where a municipality furnished water gratuitously to be used in 
extinguishing fires it acts in a governmental capacitj' and is not liable 
for negligence in connection with its water works. 

Wallace v. Baltimore City, 123 Md. 638. 

See Act of 1908. ch. 214, quoted in sees. 826z, to 826pp., both inclusive. 

Condemnation Proceedings to Acquire Land, etc., for Water Supply. 
— Measure of Damages and how to be Estimated. 
Brack v. Baltimore, 125 Md. — . 

(b) Sale of Water. 

1882, ch. 225. P. L. L., (1888) Art. 4, sec. 916. 

To contract with individuals, firms or corporations for the 

use of the water of said city, on such terms and for such time 

as it may deem proper and expedient. 

Baltimore City v. Day, 89 Md. 555. 

(c) Acquisition of Property and Materials by Agree- 

ment. 

P. L. L., (1860) Art. 4, sec. 929. P. L. L., (1888) Art. 4, sec. 917. 

The Mayor and City Council of Baltimore, or any agent 

authorized by it, may agree with the o\\Tier of any land, real 

estate, spring, brook, water or watercourse, as aforesaid, earth, 

timber, stone or other materials which it may conceive expedient 

or necessary to purchase and hold, for the purpose of introducing 

water into the City of Baltimore. 

Baltimore City v. Day, 89 Md. 551. 

(d) Or, May Acquire Same by Condemnation Proceedings. 

1853, ch. 376. P. L. L., (1860) Art. 4, sec. 930. P. L. L., (1888) Art. 4. 

sec. 918. 

If they cannot agree, or if there be any incapacity or disability 
to contract with the owner of such land or real estate, spring, 
brook, water or watercourse as aforesaid, earth, timber, stone, or 
other materials, or with the owner of such lands through which 
the said city may find it necessary to have a right of entry and 
passage, for the purpose of conveying the said water into the said 
city, or if such owner should be absent, out of the State, or 
unknown, it shall be lawful, on application of the city, for any 
Justice of the Peace of the county in which said lands, eartli 
or other property or materials as aforesaid are situate, to issue 
his warrant to tlie SlierilV, of said county, commanding him to 
summon from the said county a jury of twenty freeliolders, 
inhabitants of said county, not related to the owner or persons 



48 

interested, as aforesaid, in the said real estate, or other property, 
to meet on the premises which are to be valued, on some certain 
day to be named in said warrant, of which said warrant and 
the day therein named for the meeting of the jury, twenty days' 
notice shall be given previous to such day by the city to every 
owner or person interested, as aforesaid, or if any owner be an 
infant or lunatic, or feme covert, to his or her guardian or her 
husband, or in either case left at his or her place of abode, or 
if out of the State or unknown, such notice shall be published 
not less than eight weeks successively in some one or more of 
the daily newspapers of Baltimore City, and in some one or 
more of the newspapers of the county in which said property 
may be located, if any newspapers be published in such county. 
Graff V. Mayor, 10 Md. 544. Kane v. Mayor, 15 Md. 240. Taylor v. 
Mayor, 45 Md. 576. Mayor, &c. v. Warren Mfg. Co., 59 Md. 96. Balto. 
City V. Merryman, 86 Md. 591. C/., Baltimore v. Ritchie, 51 Md. 233. 
Helfrich v. Catonsville W. Co., 74 Md. 269. 

(e) Selection of Jury. 

P. L. L., (I860) Art. 4, sec. 931. P. L. L., (1888) Art. 4, sec. 919. 

From the list of jurors so returned and attending, the person, 
the condemnation of whose property may be desired, may strike 
four, and the said city may strike four, so that the number of 
jurors be reduced to twelve, and in case either party shall neglect 
or refuse to strike off the names of jurors, then it shall be the 
duty of the Sheriff or his deputy, who shall attend as herein- 
before directed, to strike off jurors for the party so refusing or 
neglecting, so that the number of jurors be reduced to twelve as 
aforesaid. 

(f) Duty of Jury. 

P. L. L., (I860) Art. 4, sec. 932. P. L. L., (1888) Art. 4, see. 920. 

The jurors so remaining shall inquire into, assess and 
ascertain the sum of money to be paid by the said city for land, 
spring, brook, water rights or other property which it may deem 
necessary to purchase and hold or use for the purpose aforesaid. 

(g) Oath. 

P. L. L., (1860) Art. 4, sec. 933. P. L. L., (1888) Art. 4, sec. 921. 

Before the said jury act as such the said Sheriff or his 
deputy shall administer to each of them an oath that he will 
justly and impartially value the damages which the owners or 
parties holding an interest therein will sustain by the use and 
occupation of said property by the city. 



49 

(h) Inquisition. 
P. L. L., (I860) Art 4, sec. 934. P. L. L., (18SS) Ai-t. 4, sec. 922. 
The said jury shall reduce their inquisition to writing and 
shall sign and seal the same, and it shall then be returned by 
said Sheriff to the Clerk of the Circuit Court for said county, 
and be filed by such clerk in his office, and shall be confirmed by 
said court at its next session, if no sufficient cause to the con- 
trary be shown ; and when confirmed shall be recorded by the 
said clerk at the expense of the city. 

(i) Duty of Court, 

p. L. L.. (I860) Art. 4, sec. 935. 1876, ch. 19. P. L. L., (1888) Art. 4, 

sec. 923. 1912, ch. 32. 

Within ten days after the return of said inquisition to said 
court, exceptions may be filed, in writing, by any party inter- 
ested, showing cause why said inquisition should not be con- 
firmed. If said exceptions be filed, the court shall cause the 
whole matter to be tried de novo before a jury to be selected 
and impaneled as juries in ordinary cases at law, and the trial 
shall be governed by the same rules as to the admission of 
evidence and instructions to the jury as apply in ordinary law 
cases. Upon request of any party to the proceedings, or any 
juror, the jury may be sent to view the premises, under such 
regulations as the court may, by general rule or special order, 
provide. From any decision on matter of law made by said 
court, during such trial, an appeal may be taken to the Court 
of Appeals, provided, that such appeal be taken within ten days 
after such decision shall be made, and the Court of Appeals 
may award costs to either party in its discretion. 

Taylor v. Mayor, 45 Md. 576. 

(j) Property Condemned. 
P. L. L., (I860) Art. 4, sec. 936. P. L. L., (1888) Art. 4, sec. 924. 
The inquisition shall describe the property taken or the 
bounds of the land condemned, and the quantity or duration of 
the interest in the same, valued to the city ; and such valuation, 
when paid or tendered to the o\vner of said property, or his 
legal representative, shall entitle the city to the use, estate and 
interest in the same thus valued, as fully as if it had been 
conveyed by tlie owner of the same; and the valuation, if not 
received when tendei-ed, may at any time thereafter be received 
from the city, without interest, by the said owner or liis legal 

representative. 

Mayor, &c. v. Warren Mfg. Co., 59 Md. 96. 



50 

(k) Selection of Jury. 

p. L. L., (1860) Art. 4, sec. 937. P. L. L., (1888) Art. 4, sec. 925. 

If the twenty jurors summoned as aforesaid shall not appear 
at the time and place as aforesaid the Sheriff or his deputy, as 
the case may be, shall forthwith summon other freeholders of 
the county, from the bystanders or others qualified as aforesaid, 
to make up the said jury to the number of twelve. 

(l) Compensation of Juroks and Sheriff. 
P. L. L., (1860) Art. 4, sec. 938. P. L. L., (1888) Art. 4, sec. 926. 

The jurors so summoned and attending shall be allowed the 
same compensation as is allowed to the jurors in the Circuit 
Court for the county, and the Sheriff shall be allowed similar 
fees as are allowed by law for the summoning jurors to attend 
Circuit Court for the county, and also a per diem of two dollars 
for every day he or his deputy shall be in attendance upon an 
inquisition ; and such expenses shall be paid by the city, except 
in cases of objection to the confirmation of inquisitions before 
the Circuit Court, when the costs in said Court may be awarded 
in the discretion of the Court. 

Paragraphs D to L, both inclusive, superseded by Act of 1914, ch. 463. 
quoted in Appendix. 

(m) Water Stock. 

1870, ch. 24. P. L. L., (1888) Art. 4, sec. 927. 

For the purpose of defraying all the expenses and costs of 
lands, waters and water rights as have been taken for the 
purposes aforesaid, and of constructing all works necessary to 
the accomplishment of said piirposes, and all expenses incident 
thereto, the said city shall have authority, in the name of the 
city, to issue certificates of debt, to be denominated on the face 
Baltimore Water Stock to an amount not exceeding five million 
dollars bearing interest not exceeding six per cent, per annum, 
and to provide by ordinance for the redemption of the same at 
a certain time, under such provisions as the city may deem 
expedient and proper. The said city is authorized and empow- 
ered to assess rates for the supply and use of water at any point 
in Baltimore City or County, and also to enforce payment for 
the use of water, and other expenses incurred in the introduction 
of water from the water mains, according to the rates established 
by the said city, said payments to be enforced by the same 
process that city or State taxes are collected, or that may be 
collected by process before a Justice of the Peace, or in any of 



51 

the Courts of the Citv of Baltimore havinc' iurisdiction in such 
cases. The said city is authorized and empowered to appoint 
watchmen or such police force as may be necessary for the 
protection of its water works iu the City and County of Balti- 
more, and to impose fines and penalties for interference with 
or injui'v to the works or their appendages. To prevent the 
water from being obstructed or contaminated, and to prohibit 
all meddling or tampering with the water works and their 
appurtenances ; said fines and penalties shall be enforced and 
collected as other fines and penalties are enforced and collected 
by law. 

No authority to issue loan under. 

Baltimore v. Bond, 104 Md. 590. 

(n) Water Bonds. 
1886, ch. 121. p. L. L., (1888) Art. 4, sec. 928. 

To issue bonds or certificates of indebtedness to an amount 
not exceeding one million dollars, from time to time, as the same 
nuiy be required, payable at such time and bearing such rate of 
interest not exceeding five per cent, per annum as the said city 
shall provide by ordinance, the proceeds of the said bonds or 
certificates of indebtedness to be applied to the purpose of con- 
structing and completing Lake Clifton, as proposed to be con- 
structed on the line of the work of the inti-oduction of the water 
of the Gunpowder Falls to the City of Baltimore, and for the 
acquisition of the necessary land in Baltimore County, whereon 
to locate one or more reser\'oirs, and for the construction of said 
reservoir or reservoirs, and for obtaining such ])iiiiii)ing 
machinery as may be necessary in connection therewith, and for 
procuring and laying of iron pipes or mains for the purpose of 
distributing said water to the inhabitants of said city; ])rovidcd, 
however, that the said bonds or certificates of indel)tedness shall 
not be issued until the ordinance which the city is authorized 
to enact for such issue shall be approved by a majority of the 
legal voters of Baltimore City, at the time and place to be 
appointed by said ordinance in the provisions for submitting the 
same to the legal voters of said city, as required by section 7 
of Article XI of the Constitution of tlie State. 

fo) Watki; System in Annex and Sihik-bs. 

I'. [.. I... (IstiOi Art. 4, sec. 940. V. L. T>.. (188S| Art. I. s<-<-. OI'.O. 1888, 

ch. 98, .sec. 2.^. 

Before the city shall lay any water j)ij)es along any street, 
road, lane or avenue in the territory annexed to the City of 



52 

Baltimore under the provisions of the Act of 1888, Chapter 98, 
upon which the Catonsville Water Company has laid its pipes 
and other water appliances, the said city shall, if said company 
desires to surrender said pipes and water appliances in such 
street, road, lane or avenue, to the city, pay to the said company 
the fair value of its water pipes and other water appliances con- 
structed in said street, lane, road or avenue, and such actual 
damages to the said company as shall be caused by the acquisition 
of said pipes and appliances by the city ; and the amount so to 
be paid, if the said company and the said city cannot agree in 
reference, thereto, shall be ascertained by a majority of a board 
of three arbitrators, one to be appointed by the city, and one by 
said company, and the two arbitrators thus appointed shall 
appoint the third arbitrator ; and if they cannot agree upon such 
third arbitrator the latter shall be appointed by the Governor of 
the State; provided, whenever the Mayor and City Council of 
Baltimore shall extend its water mains for the purpose of 
supplying water therein into the territory of Baltimore County 
previously occupied by some other w^ater company then supply- 
ing water to residents of such locality, said Mayor and City 
Council of Baltimore, before it shall supply water to users in 
said territory, shall purchase or condemn the water pipes and 
rights of said local water company. To purchase all the 
property, rights, estates and privileges of any chartered company 
authorized to introduce, or which may hereafter be authorized to 
introduce, water into said city, upon such terms as may be 
agreed upon by the city and such corporation or corporations, 
in the manner prescribed in their respective charters, or in the 
absence of such provisions, as shall be agreed upon by the said 
city and such corporation or corporations ; and such corporation 
is authorized to execute a conveyance to the city of all the 
franchises and property of said corporation ; and all such rights, 
privileges and franchises shall be vested in the Mayor and City 
Council of Baltimore, to be held, exercised and enjoyed by the 
said city as fully in every respect as might or could have been 
done by any such corporation or corporations under their re- 
spective charters. 

Balto. City v. Balto. Co. Water & Electric Co., 95 Aid. 242. 

(31) Welfare and Other Powers. 

The foregoing or other enumeration of powers in this Article 
shall not be held to limit the power of the Mayor and City 
Council of Baltimore, in addition thereto to pass all ordinances 
not inconsistent with the provisions of this Article or the laws of 



53 

tlie State as may be proper in executing any of the powers, either 
express or implied, enumerated in this section and elsewhere in 
this Article, as well as such ordinances as it may deem expedient 
in maintaining the peace, good government, health and welfare 
of the City of Baltimore ; and it may provide for the enforce- 
ment of all such ordinances by such penalties and imprisonments 
as may be prescribed by ordinance ; but no fine shall exceed five 
hundred dollars, nor imprisonment exceed twelve months for 
any offense. 

Bostock V. Sams. 95 Md. 415. C/., Commrs. of Easton v. Covey, 74 
Md. 262. Deems v. Mayor & C. C. of Balto., SO Md. 164. 

Regulations conceruing the removal of garbage and offal are valid 
exercise of the police power. 

Wm. R. Schultz v. State of Maryland, 112 Md. 211. 
Ordinance passed in pursuance of provision of Charter has same effect 
as Act of Legislature, and supersedes within city limits provision of 
State Law. 

Gould V. Baltimore, 119 Md. 534. 

1908, ch. 54. 

6A. Whenever the Mayor and City Council of Baltimore 
shall condemn any land for a street, square, lane, alley, bridge or 
its approaches, or reservoir, or for an esplanade, boulevard, 
parkway, parkgrounds or public reservation around, adjacent, 
opposite or in proximity, or leading to a public building or 
buildings, or land adjoining such esplanade, boulevard, parkway, 
park grounds, or public reservation as authorized by the next 
preceding section, or for a schoolhouse, engine house, courthouse 
or market, or shall condemn any land for the purpose of erecting 
thereon any building, structure or improvement of any descrip- 
tion, intended for a public or municipal use or uses, in all such 
cases the absolute and unqualified fee simple title to such land, 
or, when the proceeding is in personam, all the right, title and 
interest of the owner or owners who are made parties to the 
proceeding, if they should not be the owners of the entire fee 
simple title, shall be condemned and acquired, so that neither the 
said land nor any interest therein, sliall under any circumstances 
revert to the person or persons who shall be the owner or owners 
thereof at the time of the condemnation, or who shall be parties 
to such proceeding in personam, nor to any person or per-sons 
claiming under him, her or them ; provided, however, tlint wlien 
the condemnation slmll l)f' provided for by ordinance, tlic Mayor 
and City Council of Baltimore may determine, and in (lie ordi- 
nance providing for the condemnation declare, that an interest 
for a fixed and liiiiit<'d pi ridd (»f time \\ill sullico for the purpose 



54 

or purposes for which the property is to be acquired, and under 
such circumstances, only such interest shall be condemned and 
acquired. 

1910, ch. 571. 

6B. The jMayor and City Council of Baltimore shall have 
full power and authority to establish or maintain, directly or 
by contract, reasonable facilities for the public recreation. 

FKANCHISES. 

7. The title of the Mayor and City Council of Baltimore, 

in and to its water front, wharf property, land under water, 

public landings, wharves and docks, highways, avenues, streets, 

lanes, alleys and parks, is hereby declared to be inalienable. 

Townsend, Grace & Co. v. Epstein, 93 Md. 537. Purnell v. McLane, 
98 Md. 591. Brauer v. Refrigerating Co., 99 Md. 380. C/., Westmins- 
ter Water Co. v. Westminster, 98 Md. 551. 

1904, ch. 616. 1906, ch. 152. 

8. The Mayor and City Council of Baltimore may grant for 
a limited time and subject to the limitations and conditions con- 
tained in this Article, specific franchises or rights in or relating 
to any of the public property or places mentioned in the preced- 
ing section; provided that such grant is in compliance with the 
requirements of this Article, and that the terms and conditions 
of the grant shall have first been authorized and set forth in an 
ordinance duly passed by the city. Every such grant shall 
specifically set forth, define the nature, extent and duration of 
the franchise or right thereby granted, and no franchise or right 
shall pass by implication under any such grant ; and, notAvith- 
standing any such grant the Mayor and City Council of Balti- 
more shall at all times have and retain the power and right to 
reasonably regulate in the public interest the exercise of the 
franchise or right so granted ; and the said Mayor and City 
Council of Baltimore shall not have the power by grant or 
ordinance to divest itself of the right or power to so regulate the 
the exercise of such franchise or right. But no franchise shall 
be gi'anted for the erection on any of the streets, lanes, or alleys 
of the said city of any awning poles, posts, hitching posts, barber 
poles, railings, stepping stones, sign posts, horse troughs, clocks, 
stands of any character, or cellar doors or coal holes, unless the 
same be flush with the pavement ; nor shall any franchise be 
granted for an open area, unless the same is used as a means of 
entrance to buildings used primarily for purposes of residence, 



55 

and only in such case when the same does not extend more than 
three and one-half feet from the building line. 

Towusend, Grace & Co. v. Epstein, 93 Md. 537. Purnell v. McLane, 

98 Md. 589. Simon's Sons v. Md. Telephone Co., 99 Md. 141. Brauer 
V. Refrigerating Co., 99 Md. 380. Storck v. Baltimore City, 101 Md. 476, 

In relation generallj' to franchises granted by the municipality, see: 

Baltimore v. Clunet, 24 Md. 469. N. Balto. Pass. R. R. Co. v. N. Ave. 

Ry. Co., 74 Md. 243. N. Balto. Pass. R. R. Co. v. Baltimore, 74 Md. 250. 

Bonaparte v. Lake Rol. Elv. R. R. Co., 75 Md. 340. Lake Rol. Elv. 

R. R. Co. V. Balto., 77 Md. 372-379. State ex rel. v. Latrobe, 81 Md. 222. 

Park Tax Case, 84 Md. 1. Hooper v. Balto. City Pass. Ry. Co., 85 Md. 

509. Bear Creek Co. v. Baltimore City, 87 Md. 84. Baltimore City v. 

N. C. Ry. Co., 88 Md. 691. Ches. & Pot. Telephone Co. v. Baltimore City, 

S9 Md. 689. Mealey v. Mayor of Hagerstown, 92 Md. 752. Balto. County 

Water Co. v. Baltimore, 95 Md. 242. Consolidated Gas Co. v. Schreiber, 

99 Md. 403. Referred to in The Patapsco Electric Co. v. M. & C. C, 
110 Md. 310. 

Terms and CoNDiTiOoSrs of Grants and Franchises. 

9. ]^o franchise or right in relation to any highway, avenue, 
street, lane or alley, either on, above or below the surface of the 
same, shall be granted by the Mayor and City Council of Balti- 
more to any person or corporation for a longer period than 
twenty-five years, but such grant may, at the option of the city, 
provide for giving to the grantee the right, on fair re-valuation, 
including in such re-valuation the value derived from the said 
franchise or right, to renewals not exceeding in the aggregate 
twenty-five years. Such grant may provide that upon the 
tei-mination of the said franchise or right granted by the City, 
the plant, as well as the property of the grantee situated in, 
above or under the highways, avenues, streets, lanes or alleys 
aforesaid, with its appurtenances, shall thereupon be and become 
the property of the city, without further or other compensation 
to the grantee ; or such grant may provide that upon such deter- 
mination, there shall be a fair valuation of the plant and 
property, which shall be and become the property of the city 
at its election, on paying the grantee said valuation. If, by 
virtue of the grant, the plant and property are to become the 
property of the city, without money payment therefor, the city 
shall have the option, either to take and operate the said 
property on its own account, or to renew the said grant for not 
exceeding twenty-five years on a re-valuation, or sell the same 
to the higliest l)iclc]or at public sale. If the originnl grant shall 
prescrilK! that the Mayor and City Conncnl of iialtiiiioro shall 
at its C'loctir)!! make payment for such plant and property, sucli 
payment shall ]»• at a fair valuation of the same as property, 



56 

excluding any value derived from the franchise or right and if 
the city shall make payment for such plant and property, it may, 
in that event, operate the plant and property on its own account 
for five years, after which it may determine either to continue 
such operation on its own account or to lease the said plant and 
property and the said franchise or right to use the highways, 
avenues, streets, lanes and alleys or other public property in 
connection therewith, for limited periods, under such rules and 
regulations as it may prescribe, or to sell the plant and property 
to the highest bidder at public sale. Every grant of any such 
franchise or right shall make provision, by way of forfeiture or 
otherwise, of the grant for the purpose of compelling compliance 
with the terms of the grant, and to secure efficiency of public 
service at reasonable rates, and the maintenance of the property 
in good condition, throughout the full term of the grant. The 
grant shall also specify the mode of determining the valuations 
and re-valuations which may be provided for therein. 

Purnell v. McLane, 98 Md. 589. Brauer v. Refrigerating Co., 99 Md. 
380. Consolidated Gas Co. v. Sclireiber, 99 Md. 403. Cf., Mealy v. 
Mayor of Hagerstown, 92 Md. 741. 

1900, cli. 109. 

10. Before any grant of the franchises or right to use any 
highway, avenue, street, lane or alley, or other public property, 
either on, above or below the surface of the same shall be made, 
the proposed specific grant, except as provided in the proviso to 
section 37 of this Article, embodied in the form of a brief adver- 
tisement, prepared by the Board of Estimates, at the expense 
of the applicant, shall be published by the Comptroller for at 
least three days in one daily newspaper published in Baltimore 
City to be designated by the Board of Estimates, and all the 
provisions of section 37 of this Article shall be complied with. 

Purnell v. McLane, 98 Md. 591. Brauer v. Refrigerator Co., 99 Md. 380. 

Turnpikes and private streets are held to come under this Section 
when used for the purpose of supplying electric current by means of 
wires and poles. 

The Patapsco Electric Co. v. M. & C. C, 110 Md. 310. 



11. When the grant of a franchise or right is made in com- 
pliance with the aforegoing sections, the Mayor and City Council 
of Baltimore shall not part with, but shall expressly reserve the 
right and duty, at all times, to exercise, in the interest of the 
public, full municipal superintendence, regulation and control, 
in respect to all matters connected with said grant and not incon- 
sistent with the terms thereof. 



57 



Purnell v. McLaue, 98 Md. 591. Brauer v. Refrigeiatiug Co., 99 Md. 
380. Cf., N. C. Ry. Co. v. Baltimore, 21 Md. 104. 

12. Sections 8, 9, 10 and 11 of this Article shall apply to 
any renewal or extension of the grant or leasing of the property 
to the same grantee or to others. 

1910, ch. 593. 1912, ch. 32. 

13. l^othing contained in this Article shall prevent the 
Mayor and City Council of Baltimore, from, in any manner, 
disposing of any building or parcel of land no longer needed for 
public use; provided, that such disposition shall be authorized 
and provided for by ordinance, and shall be approved by the 
Commissioners of Finance by their uniting in the conveyance 
thereof, and shall be made at public sale, unless a private sale be 
expressly authorized by the Board of Estimates and so entered 
on their minutes ; nor from renting for fixed and limited terms 
any of its property not needed for public purposes, on approval 
of the Commissioners of Finance. 

For decisions in relation to disposition of its lands and property by 
the municipality, see, 

Rittenhouse v. Mayor, 25 Md. 336. Newbold v. Glenn. 67 Md. -489. 
Kilpatricli v. M. & C. C. of Balto., 81 Md. 195. Davidson v. Balto. City, 
96 Md. 509. 

City may rent city property for entertainments at times when not 
needed for public purposes. 

Gottleib Knabe Co. v. Macklin, 109 Md. 429. 

1912, ch. 429. 

14. Hereafter, in contracting for any public work, or the 
purchase of any supplies or materials, involving an expenditure 
of five hundred dollars or more for the citv, or bv any of the 
city departments, sub-departments, or municipal officers not cm- 
braced in a department, or special commissions or boards, unless 
otherwise provided for in this article, advertisements for pro- 
posals for the same, shall be first published in two or more daily 
newspapers published in Baltimore City, twice or of toner, the 
first publication to be made not less than ten nor more tlian 
twenty days prior to the day set for opening the bids ; and the 
contract for doing said work or furnishing said supplies or 
materials, shall be awarded by the board provided for in the 
next section of this article, and in the mode and manner as 
therein prescribed. 

American I>iKhtin>c Co. v. McCuen, 92 Md. 702. Packard v. Hayes, 04 
Md. 2'.',?,. Smith v. Hayes, 98 Md. 4^5. ]5iiil(llii;,' Siii)|)ly ("o. v. Baltimore 
City, 100 Mil. i!)2. Flack v. M. & C, C. of iialto.. 104 Md. 130. 



58 

As to cases arising out of contracts witli city prior to the enactment 
of the New City Charter, see the following: 

Baltimore v. Eschbach, 18 Md. 276. Mayor &c. v. Reynolds, 20 Md. 
1. Mayor v. B. & O. R. R. Co., 21 Md. 52. Rittenhouse v. M. & C. C. 
of Balto., 25 Md. 336. Mayor v. Musgrave, 48 Md. 272. Mayor, &c. v. 
Weatherby, 52 Md. 442. Kelly v. Mayor, 53 Md, 134. Morgan v. M. & 
C. C. of Balto., 58 Md. 509. Baltimore v. Raymo, 68 Md. 569. Wilson 
V. Balto. City, 83 Md. 203. See further. Mealy v. M. & C. C. of Hagers- 
town, 92 Md. 741. See also cases under Section 15, post. 
Alternative system of bidding. 

Baltimore City v. Flack, 104 Md. 130. 
Selection of material for paving. — Discretion to choose between several 
kinds may be delegated. 

Baltimore v. Gahan, 104 Md. 157. 
Notice must be published in English language, unless notice published 
as required, award of contract will be enjoined. 

Bennett v. City, 106 Md. 485. 
When the lowest bid is not in conformity with the specifications as 
advertised, the contract may be awarded to the next lowest bidder. 
Maryland Pavement Co. v. Mahool, 110 Md. 397. 
The purchases by the Board of Police Commissioners included in their 
estimate of expenses are not subject to the provisions of this Section 
and Section 36B construed in connection with Section 747. 
Thrift V. Ammidon, 125 Md. — . 

1908, ch. 163. 

15. All bids made to the Major and City Council of Balti- 
more for supplies or work for any purpose whatever, unless 
otherwise provided in this article, shall be opened by a board, or 
a majority of them, consisting of the Mayor, who shall be presi- 
dent of the same, the Comptroller, City Register, City Solicitor, 
and the President of the Second Branch, which board, or 
majority of them, shall, after opening said bids, award the 
contract to the lowest responsible bidder, provided, however, 
that whenever alternative bids are invited for two or more 
different things, then the said board shall have power and 
authority, in its discretion, after all bids have been opened, to 
select the particular thing which shall be adopted, and thereupon 
the said board shall award the contract to the lowest responsible 
bidder for and upon the particular thing so selected, and any 
recommendations which may be made by any department, sub- 
department, municipal officers not embraced in a department, spe- 
cial commission or board as to the particular thing to be selected 
by said board, shall be advisory only, and not binding upon said 
board ; provided, however, that nothing in this Act relative to 
alternative bidding shall apply to the Annex Improvement Com- 
mission created by chapter 274 of the Acts of 1904, providing 
for the Annex loan subsequently approved by the people of 
Baltimore City. Bids when filed shall be irrevocable. The 



59 

successful bidder shall promptly execute a formal contract to be 
approved as to its form, terms and conditions by the City 
Solicitor, and he shall also execute and deliver to the Maj^or a 
good and sufficient bond to be approved by the Ma^^or in the 
amount of the contract price. To all such bids there shall be 
attached a certified check of the bidder upon some clearing 
house bank, and the bidder who has had the contract awarded 
to him, and who fails to promptly and properly execute the 
required contract and bond shall forfeit said check. The said 
check shall be taken and considered as liquidated damages, and 
not a penalty, for failure of said bidder to execute said contract 
and bond. Upon the execution of said contract and bond by 
the successful bidder, the said check shall be returned to him. 
The amount of said check shall be five hundred dollars, unless 
otherwise provided by ordinance, or an order or regulation of 
the department for whose use the bids are made and contract 
entered into. The checks of the unsuccessful bidders shall be 
returned to them after opening the bids and awarding the con- 
tract to the successful bidder. 

American Lighting Co. v. McCuen, 92 Md. 705. Packard v. Hayes. 94 
Md. 233. Smith v. Hayes, 98 Md. 485. Callaway v. Baltimore, 99 Md. 
315. Building Supply Co. v. Baltimore City, 100 Md. 192. Flack v. 
Mayor, etc., Baltimore, 104 Md. 130. 

When the lowest bid is not in conformity with the specifications a9 
advertised, the contract may be awarded to the next lowest bidder. 
Maryland Pavement Co. v. Mahool, 130 Md. 397. 

In the absence of fraud or collusion, decision of Board of Awards on 
responsibility of "bidder conclusive. 

Knight v. M. & C. C, Daily Record, July 1, 1913. 

The bid is irrevocable and cannot be withdrawn or altered after filing. 
Baltimore v. Robinson, 123 Md. 660. 

The certified check deposited at the time of filing a bid is forfeited 
if the bidder fails to execute the contract and furnish the requisite bond. 
Baltimore v. Robinson, 123 Md. 660. 

P. L. L., (1888) Art. 4, sec. 7. 1914, ch. 512. 

16. The inhabitants of the City of Baltimore qualified to 
vote for members of the House of Delegates shall, on the 
Tuesday next after the first Monday in May, eighteen hinidrod 
and ninety-nine, and on the same day and month in every fourth 
year thereafter, elect by ballot a person of known iutegrity, 
experience and sound judgment, over twenty-five years of age, 
a citizen of the United States, and ten years a resident of said 
City next preceding the election, and either assesscvl with 
property in said city to the amount of two thousand dollars, 
and who has paid tsixcs thereon for two years preceding his 
election, or who has hitherto held elective, e.\ecutivo or legisla- 



60 

tive office under the Government of the United States or the 
State of Maryland, or the City of Baltimore, to be Mayor of 
the City of Baltimore ; but the Mayor chosen at the first election 
under this section shall not enter upon the discharge of the 
duties of the office until the expiration of the term of which the 
present Mayor was elected, unless the said office of Mayor shall 
become vacant by death, resignation, removal from the State or 
other disqualification of the present Mayor. 

17. Prior to every municipal election, as provided for in 
this Article, there shall be, on the first and second Mondays of 
April, a supplementary registration of voters of Baltimore City, 
which registration shall be under the supervision of the Super- 
visors of Election, and conducted in conformity with the pro- 
visions of the law then in force relating to the registration of 
voters. On each day of said registration the registers shall 
revise the list of registered voters made at their last regular 
sitting, by adding the names of those persons who are entitled 
to registration at that time, and striking from said registration 
lists the names of those persons who have died or become dis- 
qualified since the said last sitting^ and the registration lists 
used at the preceding November election, after being revised as 
herein directed, shall be used at the municipal election in May. 

18. In case of vacancy in the office of Mayor by death, resig- 
nation or permanent disqualification, the President of the 
Second Branch of the City Council shall be Mayor for the 
residue of the term for which the said Mayor was elected. 

19. In case of sickness or necessary absence of the Mayor, 
the President of the Second Branch of the City Council shall 
be ex ojficio Mayor of the City during the continuance of said 
sickness or necessary absence. 

20. The term of Mayor shall commence on the Tuesday next 
after the third Monday of May succeeding his election, and 
continue for four years, and until his successor shall be elected 
and qualified, and he shall receive a salary of six thousand 
dollars per annum, payable monthly. He may appoint such 
persons to aid him in the discharge of his duties as may be 
prescribed by ordinance. 

1906, ch. 420. 

20A. Hereafter, all checks of the Mayor and City Council 
of Baltimore shall be signed by the City Register and counter- 



61 

signed by either the Mayor or the City Comptroller and all 
bonds executed in favor of the Mayor and City Council of Balti- 
more shall be approved either by the Mayor or by the City Comp- 
troller, and all contracts relative to the respective departments of 
the City Government, sub-departments, municipal officers not 
embraced in a department, special commissions or boards, sliall 
be executed on behalf of the Mayor and City Council of Balti- 
more by either the Mayor or the respective heads of said depart- 
ments, sub-departments, municipal officers not embraced in a 
department, special commissions or boards, or the chairman or 
President as the case may be, of said special commissions or 
boards. 

P. L. L., (I860) Art. 4, sec. 8. P. L. L., (1888) Art. 4, sec. 11. 

21. The Mayor, by virtue of his office, shall have all the 
jurisdiction and power, as a conservator of the peace, of a 
Justice of the Peace, and may call upon any officer of the city 
entrusted with the receipt or expenditure of public money, for 
a statement of his account as often as he may think necessary, 
and may at any time by expert accountants and bookkeepers, 
examine the books and accounts of any department, sub-depart- 
ment, municipal board, officer, assistant, clerk, subordinate or 
employe. 

Mayor, &c. v. Dechert, 32 Md. 369. 

P. L. L., (1860) Art. 4, sec. 9. P. L. L., (1888) Art. 4, sec. 12. 

22. The Mayor shall see that the ordinances and resolutions 
are duly and faithfully executed, and shall report to the City 
Council as soon as practicable after the first day of January in 
each year, the general state of the city, with an accurate account 
of the money received and expended, to be published for the 
information of the citizens. He shall have general supervision 
over all departments, sub-departments, municipal officers, not 
embraced in a department and special commissioners or boards. 

Baltimore v. Radecke, 49 Md. 217. Cumberland v. Wilson, .W Md. 138. 

P. L. L.. (1860) Art. 4, sees. 10, 11. P. L. L., (1888) Art. 4, sees. 13, 14. 

23. All ordinances or resolutions duly passed by the City 
Council, after being properly certified by the Presidents of the 
First and Second Branches of the City Council as having been 
so passed, shall be delivered by the Clerk of the ]>rancli in 
which the same originated, to the ]\layor for his approval, and 
there shall be noted on said ordinances or resolutions the dat(^ of 
said delivery; and, when approved ])y him, they sliall become 



62 

ordinances or resolutions of the Mayor and City Council of 
Baltimore. If the Mayor shall not approve of any ordinance 
or resolution so passed by the City Council he shall return the 
same with his objections in writing to the Branch in which the 
said ordinance or resolution originated, within five days of 
actual regular sittings of said Branch, excluding special sittings 
called by the Mayor, occurring after such delivery of said 
ordinance or resolution to him, which objections, upon receipt of 
the same by said Branch, shall be forthwith read to such Branch 
and entered at large on its Journal ; and such Branch shall, after 
five days and within ten days after such ordinance or resolution 
shall have been returned to it by the Mayor, proceed to recon- 
sider and vote upon the same. If such ordinance or resolution 
shall, after reconsideration, be again passed by three-fourths of 
all the members elected to said Branch it shall be forthwith sent, 
with the objections of the Mayor, to the other Branch, and after 
five days and within ten days, after it is so sent, it shall likewise 
be reconsidered and voted upon also by said other Branch, and 
if passed by a vote of three-fourths of all the members elected 
to said other Branch it shall be and become, to all intents and 
purposes, an ordinance or resolution of the Mayor and City 
Council of Baltimore. In such cases, after said reconsideration, 
the votes on the question of the passage of such ordinance or 
resolution over the veto of the Mayor shall be determined by 
yeas and nays, and the names of the persons voting for and 
against the passage of said ordinance or resolution over the veto 
of the Mayor shall be entered on the respective Journals of each 
Branch of the City Council. If any ordinance or resolution 
duly passed by the City Council shall not be returned by the 
Mayor to the Branch of the City Council in which the same 
originated within five days of its actual regular sittings, exclud- 
ing special sittings called by the Mayor, after it shall have 
been delivered to him, the same shall become an ordinance or 
resolution of the Mayor and City Council of Baltimore in the 
same manner as if the Mayor had approved it, unless the City 
Council by an adjournment sine die, or for a period exceeding 
one month, shall prevent its return. In case an ordinance or 
resolution duly passed by the City Council shall embrace 
different items of appropriation the Mayor may approve the 
provisions thereof relating to one or more items of appropriation 
and disapprove the others, and in such case those he shall 
approve shall become effective and those which he shall not 
approve shall be reconsidered in manner and form as herein- 
before prescribed in this section, by both Branches of the City 



63 

Council, and shall become effective if again passed over the 
veto of the Mayor by the vote as above prescribed for the passage 
over the veto of the Mayor of entire ordinances or resolutions. 
The mode and manner of procedure of both Branches of the City 
Council and of the JMayor in the matter of the veto of one or more 
distinct items of appropriation in any ordinance or resolution 
shall be the same as the mode and manner of procedure pre- 
scribed in this section for the passage of an entire ordinance or 
resolution over the veto of the Mayor. 

Baltimore City v. Gorter, 93 Md. 1. See note to Hooper v. Creager, 84 
Md. 197. Heiskell v. Mayor, 65 Md. 149. Also, Murdocli v. Strange, 99 
Md. 89. 

24. The Mayor shall summon all the heads of departments 
to a conference on municipal matters at least once in each fiscal 
year, and oftener, if he thinks the public interests will be 
promoted thereby, and every head of department shall report to 
him, orally or in writing, as he may prefer, once in every month. 

P. L. L., (1860) Art. 4, sec. 26. 1880, ch. 101. P. L. L., (1888) Art. 4, 

sec. 31. 

25. The Mayor shall have the sole power of appointment 
of all heads of departments, heads of sub-departments, municipal 
ofiicers not embraced in a department and all special commis- 
sioners or boards, except as otherwise provided in this Article, 
subject to confirmation by a majority vote of all the members 
elected to the Second Branch of the City Council ; provided said 
Second Branch shall take action on such nomination within 
the first three regular succeeding sittings of said Brnnch after 
said nominations are sent to it by the Mayor. If the Branch 
fails to take such action within said time, then the person or 
persons so nominated shall be to all intents and purposes such 
officer or officers as if they had been confirmed by said Second 
Branch. If said Second Branch shall, by the required vote and 
in the prescribed time, refuse to confirm such nominations^ the 
Mayor shall, within the next three regular succeeding sittings 
of said Branch, send to it other name or names for such office or 
offices, and the duties of said Second Branch and the Mayor 
shall continue to be as above prescribed until a confirmation is 
liad or a failure to act for three regnlar succeeding sittings by 
the said Second Branch occnrs. "^rhe flavor shall have the 
power to remove at pleasure, dnring the first six monlJis of their 
respective terms, the heads of nil departments or members 
thereof, heads of sub-departments or members thereof, municipal 
officers not embraced in a department and special commissions 



64 

or boards, or members thereof, appointed by him, but after six 
months the Mayor shall only remove said officials for cause, after 
charges preferred against them, notice given and trial had before 
the Mayor. The terms of all municipal officials appointed by 
the Mayor shall be four years, unless otherwise provided for in 
this Article. All municipal officials who are appointed by the 
Mayor shall be appointed in the month of September succeeding 
his election, and enter into their respective offices on the first 
Monday in October, immediately following their respective 
appointments, or as soon thereafter as their appointments have 
been confirmed, as above provided, if appointed or confirmed 
subsequent thereto ; but the Mayor first chosen under this 
Article shall appoint said officials in the month of February 
succeeding his election, subject to confirmation by the Second 
Branch of the City Council, and they shall enter upon their 
duties on the succeeding first of March, and shall hold office until 
their successors under the provisions of this Article, are ap- 
pointed and qualified unless sooner removed under the provisions 
of this Article. All municipal officials, boards and commis- 
sioners in office under the Mayor and City Council of Baltimore, 
upon the date of the passage of this Article, unless otherwise pro- 
vided in this Article, shall hold their respective offices under 
existing laws and ordinances, the same as if this Article had not 
been passed, until their successors are appointed, as provided 
in this section, in February nineteen hundred; they shall be 
subject to removal, as provided in said laws and ordinances, and 
all vacancies occurring in said offices shall be filled as now 
provided for in said existing laws and ordinances ; said munici- 
pal officials, boards and commissioners shall perform the duties 
respectively now prescribed by existing laws and ordinances 
which are not inconsistent with the provisions of this Article, and 
they shall also perform such additional duties as may be 
required to be performed by such officers in this Article. The 
Mayor first elected under the provisions of this Article, shall 
organize the municipal government of Baltimore City, as 
provided for in said Article, and appoint the heads of depart- 
ments, sub-departments, municipal officers, boards and commis- 
sions provided for therein, in the month of February, nineteen 
hundred. All persons appointed by the Mayor, as well as those 
municipal officials elected by the people or by the joint conven- 
tion of the City Council, shall, before entering upon the dis- 
charge of their respective duties, qualify by taking before the 
Mayor an oath to faithfully perform the duties of their re- 
spective offices, and that they will support the Laws and Consti- 
tutions of the United States and of the State of Maryland. A 



65 

test book shall be kept by the Mayor, which shall be signed at 
the time of taking the oath aforesaid by said officials, and after 
the qualifications aforesaid, the Mayor shall issue to the said 
officials a commission signed by himself with the corporate seal 
attached. All vacancies occurring in any of the offices which 
the Mayor is empowered to fill, during the recess of the Second 
Branch, unless otherwise provided in this Article, shall be filled 
by the Mayor until the next reg-ular meeting of the Second 
Branch, at which meeting the Mayor shall present the name of a 
person for confirmation to fill said vacancy, and the mode and 
manner of procedure in such a case shall be the same as provided 
for in this section for other appointments by the Mayor and 
confirmation by the Second Branch. 

On construction of section 25, see Robinson v. Baltimore City, 93 Md. 
212. McClellan v. Marine, 98 Md. 54. Baltimore City v. Lyman, 92 Md. 
591. 

As to oath of office and its legal significance, see Thomas v Owens, 
4 Md. 189. Harwood v. Marshall, 9 Md. 83. Jump v. Spence, 28 Md. 1. 
Archer v. State, 74 Md. 447; Creager v. Hooper, 83 Md. 501. Davidson 
V. Brice, 91 Md. 691. 

As to term of and title to office, see Thomas v. Owens, 4 Md. 189, 15 
Md. 465. Jump v. Spence, 28 Md. 1. Robb v. Carter, 65 Md. 334. Archer 
V. State, 74 Md. 453. County Commissioners v. School Commrs., 77 Md. 
283. Miles v. Stevenson, 80 Md. 366. Creager v. Hooper, 83 Md. 490. 
Ash V. McVey, 85 Md. 130. Wells v. Monroe, 86 Md. 445. Duer v. Daniell, 
91 Md. 660. Keyser v. Upshur, 92 Md. 778. Hagerstown v. Williams, 
96 Md. 237. 

As to power of appointment and removal, see Townsend v. Kurtz, 83 
Md. 340. Hooper v. Creager, 84 Md. 241. Hooper v. New, 85 Md. 565. 
Hooper v. Farnen, 85 Md. 587. Field v. Malster, 88 Md. 691. School 
Commrs. v. Goldsborough, 90 Md. 193. Street Commrs. v. Williams, 96 
Md. 237. 

1880, ch. 101. P. L. L., (1888) Art. 4, see. 31. 

26. ISTo person shall at any time hold more than one office 
yielding pecuniary compensation under the Mayor and City 
Council of Baltimore. All municipal officials, except females, 
shall be registered voters of the City of Baltimore. 

Baltimore City v. Lyman, 92 Md. 591. 

27. All heads of departments, heads of sub-departments, 
municipal officers not embraced in a department, or special 
commissions or boards, provided for in this Article, slinll bold 
their offices until their successors are appointed or elected and 
qualified. 

28. The heads of departments, heads of sub-dopartnients, 
municipal officers not embraced in a department, and all special 

(4) 



66 

commissions or boards shall have the sole power of appointment 
and removal at pleasure of all deputies, assistants, clerks and 
subordinate employees employed by them, unless otherwise pro- 
vided in this Article. 

Baltimore City v. Lyman, 92 Md. 611. American Lighting Co. v. 
McCuen, 92 Md. 705. As to appointment of subordinates prior to new 
etiarter, see Hooper v. New, 85 Md. 565. 

29. All heads of departments, shall have the privilege of the 
floor in the First Branch of the City Council at its sittings, and 
shall be entitled to participate in the discussion of matters relat- 
ing to their respective departments, but shall have no vote. 
When the head of a department is a Board, or composed of more 
than one person, the President thereof shall be entitled to the 
privilege provided for in this section. 

30. The Mayor, in appointing all heads of departments, sub- 
departments, boards and commissions or members of any such, 
composed of more than one person, shall appoint a minority of 
the members of each of such bodies of persons from a different 
political party from those forming the majority of said depart- 
ments, sub-departments, boards and commissions or members of 
any such, and in ascertaining the political party from which 
such minority representatives shall be taken, he shall select from 
that party which cast the next highest vote at the preceding 
election. 

EXECUTIVE DEPAETMENT. 

31. The executive power of the Mayor and City Council of 
Baltimore shall be vested in the Mayor, the departments, sub- 
departments, municipal officers not embraced in a department 
herein provided for, and such special commissioners or boards 
as may hereafter be provided for by laws, or ordinances not 
inconsistent with this Article. All municipal officials, unless 
otherwise provided for by laws or ordinances, shall give bond to 
the city for the faithful discharge of their duties, to be approved 
by the Mayor, and in such penalties as may be prescribed by laws 
or ordinances. The Mayor shall be the chief executive officer of 
the city, and in addition to the following administrative depart- 
ments, sub-departments, and municipal officers not embraced in 
a department, there shall be such assistants, clerks and employees 
to said departments, sub-departments and municipal officers as 
may be prescribed by ordinances not inconsistent with this 
Article not herein otherwise provided for. The several heads of 



67 

« 

departments, heads of sub-departments, municipal officers not 
embraced in a department, and special commissions or boards, 
shall have the power to pass such rules and regulations, not 
inconsistent with the laws or ordinances, for the government of 
their respective departments as they may deem right and proper. 
All heads of departments composed of Boards shall hold at least 
one meeting every month for the purpose of consultation and 
advice, and in order to become familiar with the business and 
the mode of conducting the same, of the sub-departments of 
their respective departments, A record of all the proceedings 
and official acts of heads of departments and sub-departments, 
municipal officials and commissioners shall be kept in a well- 
bound book, and a certified copy of said record or any part 
thereof under the corporate seal of the city shall be admissible in 
evidence in any Court of this State as proof of such record or 
part thereof. 

The said executive departments shall be as follows : 

(I) Department of Finance, 
With the following sub-departments: 

1. Comptroller. 

2. City Register. 

3. Board of Estimates. 

4. Commissioners of Finance. 

5. City Collector. 

6. Collector of Water Rents and Licenses. 

(II) Department of Law. 
Composed of 

City Solicitor. 

(III) Department of Public Safety, 
With the following sub-departments: 

1. Board of Fire Commissioners. 

2. Commissioner of Health. 

3. Inspector of Buildings. 

4. Commissioner of Street Cleaning. 

(IV) Department of Public Improvements, 
With the following sub-departments: 

1. City Engineer. 

2. Water Board. 

3. Harbor Board. 

4. Inspector of Buildings. 

(V) Department of Parks and Squares. 
Composed of 

Board of Park Commissioners. 



68 

» 

(VI) Department of Education. 
Composed of 

Board of School Commissioners. 

(VII) Department of Charities and Corrections, 
With the following sub-departments : 

1. Supervisors of City Charities. 

2. Visitors to the Jail. 

(VIII) Department of Review and Assessment, 
With the following sub-departments : 

1. Appeal Tax Court. 

2. Commissioners for Opening Streets. 

(IX) Division Embracing Municipal Officers, not Included 
in any Department : 

1. City Librarian. 

2. Art Commission. 

3. Superintendent of Lamps and Lighting. 

4. Surveyor. 

5. Constables. 

6. Superintendent of Public Buildings. 

7. Public Printer. 

Baltimore City v. Lyman, 92 Md. 600. 

As to bonds of municipal officials, see Hecht v. Coale, 93 Md. 692. 
Vansant v. State, 96 Md. 110. Murdoch v. Strange, 99 Md. 89. 

As to breach, penalty and damages recoverable generally in relation 
to bonds, see Mutual Life Insurance Company v. Hantske, Daily Record, 
December 15, 1900. 

DEPAETMENT OF FIE'ANCE. 

32. There shall be a Department of Finance of the Mayor 
and City Council of Baltimore which shall consist of the 
Comptroller, City Eegister, Board of Estimates, Commissioners 
of Finance, City Collector and Collector of Water Eents and 
Licenses. The head of said Department shall consist of a 
Board of Finance composed of the Comptroller, City Eegister, 
President of the Board of Estimates, President ol the Com- 
missioners of Finance, City Collector and Collector of Water 
Eents and Licenses. This Board shall be for consultation and 
advice, and it shall have no power to direct or control the duties 
or the work of any sub-department. It shall perform such 
other duties as may be prescribed by ordinances not incon- 
sistent with this Article. The Comptroller shall be the Presi- 
dent of said Board. The fiscal year of the Mayor and City 
Council of Baltimore shall begin on the first day of January 
and end on the thirty-first day of December in every year. 



69 

1906, ch. 459. 

33. The Comptroller shall be elected bj the inhabitants of 
the City of Baltimore qualified to vote for Mayor on the 'J'ues- 
day next after the first Monday in May, in the year eighteen 
hundred and ninety-nine, and on the same day and month in 
every fourth year thereafter. He shall be a person possessing 
the same qualifications as herein prescribed for Mayor. The 
term of the Comptroller shall commence on the Tuesday next 
after the third Monday in May in the year eighteen hundred 
and ninety-nine, and continue for four years, and until his 
successor is elected and qualified, and he shall receive a salary of 
four thousand dollars per annum, payable monthly. 

Baltimore City v. Lyman, 92 Md. 610. 

34. The Comptroller shall be the head of the first sub-de- 
partment of Finance, and he shall appoint a Deputy Comp- 
troller and such clerks as may be provided for by ordinance, 
including one to be known as the Audit Clerk, and another for 
the collection of harbor and wharf rents, to be known as Har- 
bor Master, with such assistants to him as may be provided for 
by ordinance, and another for the collection of fees for the in^ 
spection of weights and measures, to be known as the Inspector 
of Weights and Measures, with such assistants to him as may 
be provided for by ordinance, and another to be known as ]\Iar- 
ket Master, with such assistants to him as may be provided by 
ordinance. The salary of such Deputy, assistants and clerks 
shall be fixed by ordinances. All of such appointees shall be 
subject to the written approval of the Mayor. The Comptroller 
shall have general supervision over the financial matters of the 
city, and shall have oversight of all sub-departments in this 
department. No claim, account or demand against the city of 
any kind whatsoever shall be paid unless first audited and ap- 
proved by the Comptroller. All moneys collected for the use 
of the city by any municipal official, unless otherwise provided 
in this Article, shall be turned over to the Comptroller and by 
him deposited with the City Register. He shall perform such 
other duties as may be prescribed by ordinances, not incon- 
sistent with this Article. In case of temporary absence or dis- 
qualification of the Comptroller, or a vacancy occurring in said 
office from any cause, tlic Deputy Comy)lr«)llor shall, during 
such absence or disqualification or vacancy from any cansc, a(^t 
as Comptroller. The Second Branch of the City Council by 
a majority vote of all the members elected to said Brancli, may 
remove the Comptroller from office for incompetency, wilful 



70 

ueglect of duty or misdemeanor in office, upon charges pre- 
ferred by the Mayor, and after notice of such charges is given 
to the Comptroller and an opportunity aiforded him to be heard 
by said Branch. 

1908, ch. 131. 

35. The City Kegister shall be the head of the second sub- 
department of hnance, and he shall be the register of the public 
debt and also the custodian of all moneys belonging to the 
Mayor and City Council of Baltimore. He shall be appointed 
by a joint convention of the two Branches of the City Council 
on the Tuesday next after the fourth Monday of May in the 
year eighteen hundred and ninety-nine, and on the same day 
and month in every fourth year thereafter. His salary shall 
be three thousand and three hundred dollars per annum, paya- 
ble monthly, in addition to three hundred dollars for services 
rendered the State, as provided for in section 108 of Article 81, 
Code of Public General Laws. The Second Branch of the City 
Council, by a majority vote of all the members elected to said 
Branch, may remove the City Register from office for in- 
competency, wilful neglect of duty or misdemeanor in office, 
upon charges preferred by the Mayor, and after notice of such 
charges is given to the City Register, and an opportunity 
aiforded him to be heard by said Branch. The City Register 
shall take under his charge and keeping the corporate seal of 
the city, and use it in all cases which are now or may be here- 
after required by Federal or State laws, ordinances, or the 
uses and customs of nations, and shall charge a fee of two 
dollars for each impression of the seal, except such as shall be 
affixed to or impressed upon documents for the Mayor and City 
Council, or used in connection with the affairs of the city. He 
shall pay to the Comptroller, for the use of the Mayor and 
City Council of Baltimore, all fees so received by him. He 
shall have power to appoint a deputy register, with a salary 
of two thousand dollars per annum, payable monthly, and such 
other clerical assistants as may be prescribed by ordinance not 
inconsistent with this Article. In case of a vacancy occurring 
in the office of City Register by removal or otherwise, the joint 
convention of the two Branches of the City Council shall forth- 
with fill said vacancy. He shall perform such other duties as 
may be prescribed by ordinance not inconsistent with this 
Article; provided, the present incumbent of the office of the 
City Register shall hold his office until the expiration of his 
term, as now provided under existing laws and ordinances, and 



71 

should a vacancy occur in said office a successor shall be ap- 
pointed by a joint convention of the City Council for the balance 
of said term. 

State V. Mayor, &c., 52 Md. 398. Robb v. Carter, 65 Md. 321. Baltimore 
City V. Lyman, 92 Md. 610. 

1910, ch. 512. 

35a. That the Mayor and City Council of Baltimore be and 
it is hereby directed to pay all monthly salaries to all officials 
or employees whose salaries are paid by or through the Mayor 
and City Council of Baltimore, one-half on the first and one- 
half on the fifteenth day of each month, unless otherwise pro- 
vided by ordinance. 

BOAKD OF ESTIMATES. 

OIlDi:^ANCE OF ESTIMATES. 

1904, ch. 677. 

36. The Board of Estimates shall be the head of the third 
Sub-Department of Finance, and shall consist of the Mayor, 
City Solicitor, Comptroller, President of the Second Branch 
City Council and President of the Board of Public Improve- 
ments. The first meeting of said Board in every year shall be 
called by notice from the Mayor or President of the Second 
Branch City Council personally served upon members of the 
said Board. Subsequent meetings shall be called as the said 
Board may direct. The President of the Second Branch sliall 
be President of said Board, and one of the number shall act as 
secretary, and said Board may employ such clerks as may be 
necessary to discharge its duties; their number and compensa- 
tion shall be fixed by ordinance. The said Board shall have 
power at any time to summon before it the heads of the depart- 
ments and sub-departments and all municipal officers niid spe- 
cial commissions or boards. The said Board shall annually, 
between the first day of October and the first day of November, 
meet, and by an affirmative vote of a majority of all the mem- 
bers make out the following three lists of moneys to be appro- 
priated by the City Council for the next ensuing fiscal vonr: 

FIRST, a list 'to be known as the "DEPAKTM KNTAL 
ESTIMATES" of the amounts estimated to be required to p:iy 
the expenses of conducting the public business for the next 
ensuing fiscal year, including the expenditures for the City 
Council for the salaries of its members, officers, mikI expenses; 



72 

said list shall be prepared in such detail as to the aggregate 
sum and the items thereof allowed to the two Branches of the 
City Council, each department, sub-department, municipal offi- 
cers not embraced in a department and special commissioners 
and boards as the said Board shall deem advisable. In order 
to enable said Board to make such list, the Presidents of the 
two Branches of the City Council, the heads of the departm.ents, 
heads of sub-departments, municipal officers not embraced in 
a department, and special commissioners or boards shall, at 
least thirty days before the said list is hereby required to be 
made, send to the said Board in writing, estimates of the 
amounts needed for the conduct, respectively, of the City Coun- 
cil, departments, sub-departments, municipal officers not em- 
braced in a department, commissioners or boards for the next 
ensuing fiscal year. Such estimates shall be verified by the 
oath or affirmation of persons making them, and a wilfully false 
statement made in a material matter contained in said esti- 
mates so made to said Board shall be perjury. The said esti- 
mates shall specify, in detail, the objects thereof, and tlie items 
required for the expenses of the City Council and the respec- 
tive departments, sub-departments, municipal officers not em- 
braced in a department and special commissioners or boards, as 
aforesaid, including a statement of each of the salaries of the 
members of the City Council and its officers and clerks, and the 
salaries of the deputies, assistants, clerks, employees and sub- 
ordinates in each department, sub-department, municipal office 
or special commission or board. 

SECOND, a list containing all amounts to be appropriated 
by the City Council for NEW IMPROVEMENTS to be con- 
structed by any department of the city during the next ensuing 
fiscal year; said list to be known as the "ESTIMATES FOR 
NEW IMPROVEMENTS." Heads of departments, heads of 
sub-departments, municipal officers not embraced in a depart- 
ment, and special commissioners or boards shall in writing, 
thirty days before the time required to make such list by said 
Board, file with said Board their recommendations as to the 
amounts which they may consider will be needed in their re- 
spective departments for new improvements during the next 
ensuing fiscal year. 

THIRD, a list containing all amounts which by previous 
laws, ordinances or contracts are required to be ANNUALLY 
APPROPRIATED to charities, educational, benevolent or 
reformatory institutions by the city, as well as all other sums, 
if any, which may be required by laws or ordinances to be 



io 



appropriated for other purposes not embraced in the preceding 
lists. This list shall be known as the ''ESTIMATES FOK 
AXNUAL APPEOPRIATIOXS." The purpose and object 
of this provision is that said three lists shall embrace all 
moneys to be expended for the next ensuing fiscal year for all 
purposes by the city. After said three lists have been prepared, 
the Board of Estimates, shall cause to be prepared a draft of an 
ordinance to be submitted to the City Council providing appro- 
priations sufficient to meet the amounts called for by said three 
lists, and the said Board shall cause a copy of said proposed 
ordinance, certified by the signatures of a majority of them, to 
be forthwith published in two daily newspapers in Baltimore 
City, for two successive days, and shall, immediately after said 
publication, transmit a copy of the draft of the said proposed 
ordinance to the President of each Branch of the City Council, 
whereupon a special meeting of the City Council shall be forth- 
with called by the ^layor to consider such proposed ordinance. 
It shall be the duty of the two Branches of the City Council, 
when so assembled, to consider and investigate the estimates 
contained in said proposed ordinance, and to hold daily ses- 
sions for its consideration until said ordinance is passed. The 
two Branches of the City Council, by a majority vote of all the 
members elected to each Branch, may reduce the said amounts 
fixed by the said Board in said proposed ordinance, except such 
items thereof as are now or may hereafter be fixed by law, 
and except such items as may be inserted by said Board to pay 
State taxes, and to pay the interest and principal of the nnuiici- 
pal debt. The City Council shall not have the power to increase 
the amounts fixed by the Board nor insert new items in the 
proposed ordinance. When said proposed ordinance, embracing 
said estimates, shall have been duly passed by both Branches of 
the City Council and approved by the Mayor, it shall be known 

as the "Ordinance of Estimates for the year ," and 

said several sums shall be and become appropriated, after the 
beginning of the next ensuing fiscal year, for the several pur- 
poses therein named, to be used by the City Council, depart- 
ments, sub-departments, municipal officers not emliraced in a 
department, and special commissions or boards therein named, 
and for no other purposes or uses whatever. The City Council 
sliiill not have the power, by any other or subsc(|n(Mit iii'iliii;iiic<' 
or resolution, to enlarge :iii\' item contained in snid onlliKHicc 
after the same is dnly passed, noi- shall thv City Conncil, hy any 
subse(|uent ordinanfo or othei-wise, aj)pr()j)riat(' any sums ot 
money to be used I'oi- the next ensning fiscal year, for any of 
the j)nrposes embraced in said Ordinance of Kstiniates. Xo 



74 

appropriation provided for in said ordinance shall be diverted 
or used nnder any circumstances for any purpose than that 
named in said ordinance, nor shall the Comptroller draw any 
warrant for any of the items in said Ordinance of Estimates 
unless he has received said amounts and they are actually to the 
credit of the City Council and such department, sub-depart- 
ment, officers, commissioners or boards. ISTo temporary loan 
shall be authorized or made to pay any deficiency arising from 
a failure to realize sufficient income from revenue and taxation 
to meet the amounts provided in said Ordinance of Estimates 
but the City Council may temporarily borrow money for its 
use in anticipation of the receipts of taxes levied for any year. 
In case of any such deficiency there shall be a pro rata abate- 
ment of all appropriations, except those for the payment of 
State taxes and the principal and interest of the city debt, 
and such amounts as are fixed by law and contained in said 
ordinance ; and in case of any surplus arising in any fiscal year 
by reason of an excess of income received from the estimated 
revenue over the expenditures for such year, the said surplus 
shall become a part of the annual revenue of the city, and shall 
be available for the general expenditures of the city for the 
next ensuing fiscal year. Until the organization of the said 
Board of Estimates by the Mayor first elected under the pro- 
visions of this Article, as provided in section 25 of said Article, 
the Mayor, Comptroller, City Register and City Solicitor shall 
compose a Board to perform all the duties required of the Board 
of Estimates by the provisions of this Article. 

Baltimore City v. Gorter, 93 Md. 1. Skinner Dry Dock Co. v. Balti- 
more. 96 Md. 37. Callaway v. Baltimore City, 99 Md. 315. Brauer v. 
Refrigerating Co., 99 Md. 369. 

Party obtaining judgment against tlie city cannot have mandamus to 
levy a special tax. Must wait until provision is made in the next Ordi- 
nance of Estimates. 

Kinlein v. Baltimore, 118 Md. 576. 

The park fund under existing laws is to be applied to park purposes 
only, and to be expended and distributed for such purposes by the Board 
of Park Commissioners ; and the fact that they had svibmitted estimates 
to the Board of Estimates, and spent no moneys not so approved by the 
Board of Estimates does not estop the Park Commissioners from claim- 
ing the right to an injunction to restrain the diversion of the park fund 
to other purposes. 

Baltimore v. Williams, 124 Md. 502. 

The legislature has the right by law to impose upon the city a portion 
of the expense of supporting the Public Service Commission. The Act 
involved in this case provided for a salary of $3,000.00 to be paid by the 
State and an additional $3,000.00 to be paid by the City of Baltimore. 

Thrift v. Laird, 125 Md. 55. 

Right of the Board of Estimates to reduce the amount of the estimate 



75 

of the Board of Police Commissioners. Mandamus lield to be imneces- 
sary in tliis case to compel the city to assess and levy the amount re- 
quired by the Police Department, as the Police Board has the authority 
to make requests from time to time upon the City Comptroller for their 
needs. (Construed in connection with Section 747). 
McEvoy V. Baltimore, 125 Md. — . 

1906, ch. 459. 1914, ch. 80. 

36A. The Board of Estimates shall have power to increase 
or decrease the salaries of all miniicipal officials, and other per- 
sons whose salaries are named in this Article or Acts relatino- 
to the City of Baltimore, except the salaries of the members 
of the Board of Estimates, provided the amount of such increase 
or decrease shall be inserted as an item or items in the Ordi- 
nance of Estimates for any year and be subject to the same con- 
trol by the City Council as it now has under this Article of 
the general items inserted in said ordinance. Provided, how- 
ever, that when the salary of any municipal official or other 
person, whose salary is so named, shall be so increased or de- 
creased it shall not again be so increased or decreased during 
the term of office of said municipal officer or other person. The 
increase in the salary of the Chairman of the Paving Commis- 
sion, provided in the Ordinance of Estimates for 1914, is 
hereby ratified and given the same effect as if it had been made 
after the passage of this Act. 

Does not apply to members of Police Force. 

McEvoy V. Baltimore, 125 Md. — . Thrift v. Ammidon, 125 Md. — . 

1912, ch. 429. 

36B. The Board of Estimates shall have power to appoiut, 
upon nomination of the Mayor, a consulting engineer, who 
shall be paid a salary to be fixed by said Board, not exceeding 
$4,000 per year. The duty of the consulting engineer shall 
be to advise and assist in the work of the various engineering 
departments of the city when called upon so to do. He shall 
decide all questions, controversies and conflicts between the 
engineers of the various departments, all engineering (]iu'stions 
which come before the Board of Estimates may be referred to 
him for consideration and advice, and he shall exercise stu*h 
othr-r duties as he may be called upon to exercise by the Mnyor 
or the Board of Estimates. The consulting engineer shall not 
be regarded as a mnniei|)al f)ffieial within the meaning ot 
section 20. 

1914. di. .''.:'.9. 
3611. All piirehases of [ti-opei-ty, and olliec coiif raets in- 



76 

volving an expenditure of more than five hundred dollars, ex- 
cept those awarded by the Board of Awards under section 15 
of the Charter, made by any department, sub-department, 
municipal officer, special commission or board, in addition to 
compliance with the other provisions of the Charter, shall be 
submitted to the Board of Estimates for its approval and shall 
be binding upon the city only when so approved. 

The Board of Police Commissioners are not subject to the provisions 
of Section 14 and Section 36B of the City Charter. 

Thrift V. Ammidon, 125 Md. — . McEvoy v. Baltimore, 125 Md. — . 

GRANTS OF FRA:NCHISES. 

p. L. L., (1898) Art. 4, see. 37. 1900, ch. 109. 1906, oh. 357. 

37. Before any grant shall be made by the Mayor and City 
Council of Baltimore, of the franchise or right to use any street, 
avenue, alley or highway, or the grant of the franchise or right 
for the use of any public property mentioned in Section 7 of 
this Article, the proposed specific grant, with the exceptions 
hereafter in this Section made, shall be embodied in the form 
of an ordinance, with all the terms and conditions required by 
the provisions of this Article, and snch others as may be 
right and proper, including a provision as to the rates, fares 
and charges, if the grant provides for the charging of 
rates, fares and charges, and a provision that the franchise or 
right shall be executed and enjoyed six months after the grant. 
The said ordinance shall, after having been introduced in either 
Branch of the City Council, and after the first reading, be 
referred forthwith by the Branch in which the same is ofl^ered 
to the Board of Estimates. The said Board shall make diligent 
inquiry as to the money value of said franchise or right pro- 
posed to be granted, and the adequacy of the proposed compen- 
sation to be paid therefor to the city as offered in the ordinance 
already introduced, and the propriety of the terms and condi- 
tions of said ordinance, and said Board is empowered to increase 
the compensation to be paid therefor to the city, and alter the 
terms and conditions of said ordinance, provided such altera- 
tions are not inconsistent with the requirements and provisions 
of this Article, and it shall be the duty of said Board to fix in 
said ordinance the said compensation at the largest amount it 
may be able by advertisement or otherwise to obtain for said 
franchise or riffht, and no e;rant thereof bv the Citv Council 
shall be made except for the compensation and on the terms 
approved by a vote or resolution of the said Board, entered on 
the minutes or records of such Board and attached to said ordi- 



77 

nauce, with the signatures of a majority of said Board signed 
to the same. The provisions of this section shall apply to the 
renewal or extension of any franchise or right relating to the 
use of any of the public property mentioned in section 7 of 
this Article now existing, or which may hereafter be gi-anted 
to any person or body corporate. Provided, that the right to use 
the streets, avenues, alleys or public property, by any person or 
body corporate for steps, porticoes, bay windows, bow windows, 
show windows, signs, columns, piers or other projections or 
structural ornaments of any character except so far as the same 
may be prohibited by law, and covered vaults, covered areaways, 
drains, drain-pipes, or any other private purpose not prohibited 
by laws and not being a franchise or right requiring a formal 
grant by ordinance under the terms of this section, may be 
granted by the Board of Estimates for such an amount of money 
and upon such terms as the said Board may consider right and 
proper. Before said Board shall grant any such right the per- 
son or body corporate seeking the same shall file before said 
Board in writing an application for such use and in said appli- 
cation the use desired shall be stated and what the applicant is 
willing to pay for the same must be given and such person or 
body corporate shall only enjoy such use on the payment of the 
amount of money named by said Board and on the terms and 
conditions said Board shall prescribe in writing, and no ordi- 
nance or advertisement shall be necessary or made in such cases 
as are named in the proviso of this section. Provided, however, 
that copies of said application be served upon the adjoining 
property owners by said applicant before filing application be- 
fore said Board. 

Baltimore City v. Gorter, 93 Md. 12. Purnell v. McLane, 98 Md. 591- 
595. Brauer v. Refrigerating Co., 99 Md. 3G7. 

See, section 8, as re-enacted by Act 1906, ch. 152, ante, P. 54. 

In connection with the provisions of Section 37, of the Charter, see, 
Simon's Sons v. Maryland Tel. & Telegraph Co., 99 Md. 17.3. Md. Tel. 
Co. V. Simon's Sons, 103 Md. 136. Preston v. Likes, Berwanger & Co.. 
103 Md. 191. 

Franchises in city streets may he granted hy the Legislature. 
Dulaney v. United Railways Company. 104 Md. 440-441. 

Street lighting — liability of contractor, supplying city — injury by 
escape of gas. 

Consolidated Gas Co. v. Connor, 114 Md. 140. 

Grant of minor privilege without notice to adjoining property void. 
Fralingor v. Cooke, 108 Md. 6S:?. 

Referred to in The Patapsco Electric Co. v. M. & C. C, 110 Md. 310. 

A municipality may be estopped by the acts of its officers, &c., from 
a.ssertlng the invalidity of a grant of franchise. 

Hagcrstown v. Ilagerstown Rvvy., 123 Md. 1S3. 



78 

A municipal corporation may set up a plea of ultra vires to enter into 
a given contract, or do a given act, even though the other party to the 
contract has expended money on the faith of said- contract. 
Hagerstown v. Hagerstown Rwy., 123 Md. 183. 

190S, ch. 151. 
37A. Anything in the preceding sections of this Article, 
to the contrary notwithstanding, where ordinances now stand 
referred, or shall hereafter stand referred, to the Board of Esti- 
mates of the Mayor and City Council of Baltimore, in the man- 
ner provided for in the preceding section of this Article, grant- 
ing franchises or rights in the water front, wharf property, 
land under the water, public landings, wharves or docks, of 
the Mayor and City Council of Baltimore, or in any portion or 
portions thereof, the said Board shall be empowered to fix the 
compensation for the franchise or right in their discretion at 
such sum as they shall deem reasonable and adequate, and in 
addition to the power of fixing said compensation as aforesaid, 
and of prescribing the terms and conditions of the grant in 
the manner provided for in the preceding section of this arti- 
cle, shall be empowered, where there are two or more appli- 
cants for the franchise or right who are prepared to pay said 
compensation, fixed as aforesaid, to grant said franchise or 
right to either one of said applicants, to the exclusion of the 
other, or of the rest of said applicants, as it may deem best for 
the interests of the City of Baltimore; and it is also the pur- 
pose of this Act that where there are one or more of such ap- 
plications for the franchise or right in space, included in, but 
less in dimensions than the space embraced in another or other 
of such applications, the said board shall, in addition to the 
power of fixing said compensation as aforesaid, and of pre- 
scribing the terms and conditions of the grant as aforesaid, 
be also empowered to determine, in its discretion, whether the 
grant shall be made to the applicant, or to one of the appli- 
cants, applying at said compensation fixed as aforesaid for the 
franchise or right in the greater space, or to the applicant 
or one of the applicants, applying at said compensation, fixed 
as aforesaid, for the franchise or right in the lesser space ac- 
cordingly, as the said Board may deem best for the interests of 
the people of Baltimore. 'No grant of the franchise or right in 
any of the public property mentioned in this section of this 
Article, or in any portion or portions thereof, shall be made 
by the City Council, except for the compensation, and upon 
the terms and conditions, and to the grantee or grantees ap- 
proved by a vote or resolution of the said Board, entered on the 



79 

minutes or records of the said Board, and attached to the ordi- 
nance granting the franchise or right to the gi'antee or grantees, 
approved by the said Board, with the signatures of a majority 
of the said Board signed to the same. 

38. There shall be included annually in the ordinance of 
estimates the sum of fifty thousand dollars to be used as a 
contingent fund by the Board of Estimates, in case of an 
emergency or necessity for the expenditure of money above the 
appropriations regularly passed for any department, sub-de- 
partment, municipal ofiicer not embraced in a department, or 
special commission or board, in the interval between the annual 
appropriations as herein provided for. As soon as practicable 
after the expenditure of any part of said contingent fund, the 
said Board shall report to the City Council all the circumstances 
attending said expenditure, and the necessity for the same, and 
the reasons assigned by the department, sub-department, munic- 
ipal officer not embraced in a department, or special commis- 
sion or board, applying for and receiving the same. The City 
Council shall not have the power to increase or decrease, or 
strike out, said amount from the said ordinance of estimates. 

Baltimore City v. Gorter, 93 Md. 12. 

39. The ]\Iayor and City Council of Baltimore shall appro- 
priate no money out of the Treasury of the City for the pay- 
ment of any private claim against the city, unless such claim 
shall have first been presented to the Board of Estimates, 
together with the proofs upon which the same is founded, and 
reported favorably by said Board. 

BaUimore City v. Gorter, 93 Md. 12. 

TAX BATE AJ^D ANNUAL LEVY. 

1914, ch. .532. 

40. The Board of Estimates shall, on the first day of Octo- 
ber, or as soon thereafter as practicable, in the year eighteen 
hundred and ninety-eight, and in each succeeding year, pro- 
cure from the proper municipal department and shall send, 
with the said ordinance of estimates, to both Branches of the 
City Council, a report showing the taxable basis for the next 
ensuing fi-scal year, and the amount which can reasonably be 
expected to be realized by taxation for said year. The report 
shall fontain an aggregate statement of all the moneys to be 
expended during the next ensuing fiscal year by the city, as 



80 

set forth in said ordinance of estimates, as well as of any 
other sums, if such there he, which the city may be required 
to expend during the said year for any purpose or purposes 
not included in the ordinance of estimates, and it shall also 
state the total income which can reasonably be expected to be 
received by the city for the next ensuing fiscal year from 
licenses, fees, rents and all other charges, including the amount 
believed to be collectible from taxes in arrears. The report 
shall show the difference between such anticipated expendi- 
tures and receipts of the city, and shall state a rate for the levy 
of taxes sufiicient to realize the amount required to meet the 
said difference. In the ordinance making the annual levy of 
taxes, which ordinance shall be passed by the Mayor and City 
Council of Baltimore in the month of ISTovember in each year, 
and as soon as practicable after the passage of the ordinance 
of estimates, the Mayor and City Council of Baltimore shall 
fix a rate of taxation not less than the rate stated in the afore- 
said report, so that it shall not be necessary at any time for 
the city, its officers or agents, to create a floating debt to meet 
any deficiency, and it shall not be lawful for the city, its officers 
or agents, to create a floating debt for any such purpose. The 
taxes levied under said ordinance in the month of ISTovember 
in each year shall be the taxes to be collected for the fiscal 
year next ensuing after the said month of l^ovember, and 
shall be due and may be paid to the Citv Collector on or after 
the first day of January next ensuing. The taxes included in 
said levy on real estate or chattels real, and on all forms of 
personal property, including shares of stock and other property, 
valued or subject to valuation by the State Tax Commissioner, 
shall be in arrears on the first day of July next ensuing the 
date of their levy, and the taxes on all forms of property after 
they become in arrears as aforesaid shall bear interest at the 
rate of six per centum per annum. 

Baltimore City v. Gorter, 93 Md. 1. Skinner, etc. Dry Dock Co. v. Bal- 
timore City, 96 Md. 37. Baltimore City v. Poole, 97 Md. 71. Baltimore 
City V. Chester River S. S. Co., 103 Md. 400. 

Taxes on stock liens from the time of their levy. 

Union Trust Company y. Belvedere, 105 Md. 508. 

COMMISSIOI^ERS OF FI^AiN'CE. 

1908, ch. 515. 

41. The Commissioners of Finance shall be the head of the 
fourth sub-department of finance, and shall be a board composed 
of the Mayor, Comptroller, Register and two persons appointed 



81 

by tlie ]\Iayor in the mode prescribed in section 25 of this Arti- 
cle, and who shall hold their offices as therein provided. Both 
of said two last named persons shall serve without pay. The 
Mayor and Register shall sign all obligations of the city and 
all city stock. One of the persons appointed by the Mayor as 
aforesaid and so designated, shall be president of said Board. 
The Deputy Register shall act as clerk to said Board and keep 
the accounts and a record of proceedings of said Board, and for 
such service, in addition to the salary of said Deputy Register, 
herein provided, he shall be paid a salary of five hundred dol- 
lars per annum, payable monthly. This Board, from the insti- 
tutions chartered by the United States or the State of Mary- 
land, having authority under their charters to receive and hold 
money on deposit, shall select, from time to time, such deposi- 
tory or depositories for the funds of the city as to it may seem 
proper. It shall authorize all temporary loans to be made not 
inconsistent with this Article. It shall have charge, control 
and custody of all sinking funds of the Mayor and City Coun- 
cil of Baltimore, and shall perform such other duties as shall 
be prescribed by ordinances not inconsistent with this Article. 

CITY COLLECTOR. 

42. The City Collector shall be the head of the fifth sub- 
department of Finance, and shall be appointed by the IMayor 
in the mode prescribed in section 25 of this Article, and hold 
his office as therein provided. He shall be paid for his services 
in collecting city taxes the salary of two thousand dollars per 
annum, payable monthly. He shall be the collector of all taxes 
and assessments on real property levied or made by the city. 
He shall in October in the year eighteen hundred and ninety- 
eight and in each year thereafter, immediately upon the receipt 
of the statement form the Appeal Tax Court, showing the 
taxable basis for the next ensuing fiscal year, as provided for in 
section 171 of this Article, begin the preparation of the tax bills 
on said basis, and after the levy of taxes has been made he 
shall complete said bills and have them ready for payment by 
the taxpayers on the first day of January next ensuing said levy, 
or as soon' thereafter as practicable. He shall liave such assist- 
ants, clerks and bailiffs as may be fixed by ordinaiu-es, and who 
shall perfoiin such duties as shall be prescri1)cd by ordinances 
not inconsistent witli tliis Article. 

For (U'C'isioiis of iiilcrcst in projtorly coiistniiriK the provisions of soc- 
tlon 42, see 

SforliiiK V. ATflMjisfcr. X2 Md. KM. T<'xfor v. Sliiplcy, W: Md. I'-'l. 
Skiinicr, etc.. Drv lUx-k Co. v. P.iilliniorc City, DC Md. .'{S. 



82 

1844, ch. 236, sec. 4. P. G. L., (1860) Art. 81, sec. 49. 1872, ch. 384. 1874, 

ch. 383, sec. 48. P. G. L., (1888) Art. 81, sec. 49. 1888, ch. 

515. 1900, ch. 229. 1914, ch. 532. 

43. Whenever it shall become necessary to sell any part or 
parcel of ground in the City of Baltimore, improved or unim- 
proved, for the payment of any taxes or assessment, of any 
nature or kind whatever, levied or charged, the City Collector 
shall first give notice by advertisement published once a week 
for four successive weeks in two of the daily newspapers pub- 
lished in said city, one of which shall be in the German lan- 
guage, and in every issue of the Municipal Journal during said 
four weeks, that he will sell said property at public auction on 
the day in said advertisement mentioned. Said notice shall 
state the name of the person, when known, to whom such a 
parcel of ground is assessed, the amount of taxes due on the 
same, and what improvements, if any, are on said parcel of 
ground, and to properly describe said property the City Col- 
lector shall procure a description from the Land Records and 
no survey shall be made unless a proper description cannot be 
obtained from the Land Records, and no charge for survey shall 
be made unless a survey is actually made. If a proper descrip- 
tion cannot be obtained from the Land Records, the City Sur- 
veyor shall, upon direction of the City Collector, make a proper 
survey and furnish a description and plat to the City Collector, 
and the sum of three dollars for the cost of such survey shall 
be added to the tax bill and collected in the same manner as 
the bill itself, and paid over to the City Register for the use 
of the city. The City Collector shall, before advertising said 
property for sale, give to the person or persons so in arrears, 
or to one of them, if more than one, or leave at his or her or 
their residence, or last known residence of one of them, and * 
if no such residence be knovm, there shall be left upon the 
premises so to be sold for taxes, a statement of his or her or 
their indebtedness, and not less than thirty days' notice of his 
(said Collector's) intention, if the bill is not paid, to enforce 
the pa_\Taent thereof by distraint or execution. Provided, how- 
ever, that this paragraph shall not apply to or affect the present 
City Surveyor. 

Mayor, &c. v. Howard, 6 H. & J. 383. Alexander v. Walter, 8 Gill, 239. 
Polk V. Rose. 25 Md. 153. Co. Commr's. of Pr. Geo. Co. v. Clarke, .36 
Md. 207. Tax Sale of Lot 172, 42 Md. 196. County Commr's. v. Union 
Mining Co., 61 Md. 548. Cooper v. Holmes, 71 Md. 20. County Commr's. 
of Balto. Co. V. Winand. 77 Md. 522. Duvall v. Perkins, 77 Md. 582. 
Textor v. Shipley, 86 Md. 424. Benzinger v. Gies, 87 Md. 704. 

As to collection of taxes and tax sales generally, see. Mayor v. Chase, 
2 G. & J. 376. Polk V. Pendleton, 31 Md. 125. Dyer v. Boswell, 39 Md. 



83 

465. Guisebert v. Etchison, 51 Md. 478. Steuart v. Meyer, 54 Md. 466. 
Margaff v. Cunningham, 57 Md. 585. Gould v. Mayor, 58 Md. 46. Hebb 
V. Moore, 66 Md. 167. Perkins v. Dyer, 71 Md. 421. Georgetown Col- 
lege V. Perkins, 74 Md. 72. Degner v. M. & C. C. of Balto., 74 Md. 144. 
Bader v. Perkins, 77 Md. 468. Baltimore v. Ulman, 79 Md. 486. Shaw 
V. Devecmon, 81 Md. 217, Richardson v. Simpson, 82 Md. 157. Baum- 
gardner v. Fowler, 82 Md. 637. Young v. Ward, 88 Md. 413. 
Land cannot be sold for taxes, unless taxes due and in arrear. 
Mullan V. Brydon, 117 Md. 559. 

P. L. L., (1860) Art. 4, sec. 875. P. L. L., (1888) Art. 4, sec. 833. 

44, The City Collector shall require the purchaser of such 
property on the day of sale, or the day next succeeding, to 
pay on account of said purchase the amount assessed or taxed 
on the lot so sold, together with all costs and charges, and no 
more, and the residue of the purchase money shall remain on a 
credit of one year and a day, 

P, L, L., (1860) Art. 4, sec. 876. P. L. L., (1888) Art. 4, sec. 834. 

45. If the property so sold shall not be redeemed at the ex- 
piration of a year and a day from the day of sale, the City Col- 
lector shall, when required, and on payment of the full amount 
of the purchase money, execute a deed for the same to the pur- 
chaser, and the balance of the purchase money so received by 
him shall be paid to the City Register. 

Polk V. Rose, 25 Md. 153. Hamilton v. Valiant, 30 Md. 139. Tax 
Sale of Lot 172, 42 Md. 196. Taylor v. Forrest, 96 Md. 529. 

1904, eh. 281. 
45a. Whenever property in the City of Baltimore has been 
sold for taxes pursuant to law, by one City Collector, and such 
sale has been reported and the deed executed by the successor 
in office of the City Collector who made the sale as aforesaid, 
such report and such conveyance shall be as valid to all intents 
and purposes as they would have been if made by the City 
Collector who made the sale. 

1904, ch. 281. 

45b. Whenever property in the City of Baltimore has been 
sold for taxes, pursuant to law, by one City Collector, and such 
sale has been reported by the City Collector who made the 
same, but the deed for such property has been oxc^cutod and 
delivered by the successor in office of the City Collector who 
made such sale and report as aforesaid, such coTivcyance shall 
be as valid to all intents and purposes as it would have been if 
made by the City Collector who made and reported the sale. 

/?ee, Duvall v. Perkins. 77 Md. 588. Taylor v. Forrest, 96 Md. 5.'{3. 
McM.'ilion V. Crean, IW) Md. n.'">2. 



84 

P. L. L., (1860) Art. 4, sec. 877. P. L. L., (1888) Art. 4, sec. 835. 

46. If it shall appear that the owner of the said lot or parcel 
of gi'ound prior to the execution of the deed for the same by the 
City Collector, cannot, after reasonable effort, be found, or if 
said owner shall refuse to receive said balance of money, then 
in either case the City Register shall invest the same for the 
benefit of such owner in any public debt of the State of Mary- 
land or Mayor and City Council of Baltimore, and shall safely 
keep the same, and from time to time collect the interest due 
thereon, and invest for the benefit of such owner the interest 
from time to time in the said stock. 

P. L. L., (1860) Art. 4, sec. 878. P. L. L., (1888) Art. 4, sec. 836. 

47. When any lot or parcel of ground in the said City shall 
be sold by reason of non-payment of the tax or assessment due 
thereon, the owner or other persons having an estate or interest 
therein shall have power to redeem the same at any time within 
one year and a day from the day of sale, on paying or tendering 
in payment to the City Collector the whole amount of money 
received by such City Collector from the sale of the lot or parcel 
of ground to be redeemed, and a further sum of one-half per 
cent, per month interest from the time of sale to the time of 
such tender ; and the sums so paid shall be by the City Collector 
delivered or tendered to the purchaser, whose right in the 
property so purchased shall thenceforth cease and determine. 

1900, ch. 663. 

47a. In all cases where lands held by lease have been sold 
for the non-payment of taxes or assessments due thereon, the 
owner of the reversionary interest therein shall have the right 
at any time within one year and a day from the day of such 
sale, on paying or tendering in payment to the collector the 
whole amount of the money received by such collector from the 
sale of the lot or parcel of ground, together with the further 
sum of one-half per cent, per month interest from the time of 
sale to the time of such tender, to be substituted in the place of 
said purchaser of said lot or parcel of ground so sold, and the 
sum so paid shall be by the collector delivered or tendered to 
the purchaser whose rights in the property shall thenceforth 
cease and determine. 

This section was intended to supplement section 836 of P. L. L., (1888) 
Art. 4, now codified as section 47 of the New Charter. 



85 

P. G. L., (1S60) Art. 81, sees. 61, 63. 1867, ch. 186. 1S70, ch. 312. 

1872, ch. 384. 1874, ch. 483, sec. 51. P. G. L., (1888) Art. 81. sec. 52. 

P. L. L., (1888) Art. 4, sec. 837. 1888, ch. 515. 1902, ch. 490. 

48. In all cases where lands held in fee simple or by lease 
have been sold, or shall be sold for pa^nnent of taxes in arrears, 
according to the provisions of existing laws, it shall be the duty 
of the City Collector to report the said sale, together with all the 
proceedings had in relation thereto to the Circuit Court of said 
city. The Court to which such report shall be made shall 
examine the said proceedings, and if the same appear to be reg- 
ular, and the provisions of law in relation thereto have been 
complied with, shall order notice to be given by advertisement 
published in such newspapers as the Court shall direct, warning 
all persons interested in the property sold to be and appear by 
a certain dav in the said notice to be named, to show cause, if 
any they have, why said sale should not be ratified and con- 
firmed ; and if no cause or an insufficient cause be shown against 
the said ratification, the said sale shall, by order of said court, 
be ratified and confirmed, and the purchaser shall, on payment 
of the purchase money, have a good title to the property sold ; 
but if good cause, in the judgment of said court, be shown in 
the premises, the said sale shall be set aside ; in which case the 
said City Collector shall proceed to a new sale of the property 
and bring the proceeds into court, out of which the purchaser 
shall be repaid the purchase money paid by him to the City 
Collector on said rejected sale, and all taxes assessed on said 
real estate and paid by said purchaser since said sale, and all 
costs and expenses properly incurred in said court, with interest 
on all such sums from the time of pa"yTnent ; and if the pur- 
chaser has not paid the purchase money or the subsequent taxes, 
to apply said proceeds to the payment of the taxes for wliich 
said real property may have been sold, and all subsequent taxes 
thereon then in arrears, with interest on the same, according 
to law, and the costs of the proceedings ; but such sales shall not 
be set aside if the provisions of the law shall appear to have been 
substantially complied with ; and the l)urdon of proof shall 
be on the exceptant to show the same to be invalid nndor the 
law. 

Co. rVminir's. Pr. Geo. Go. v. Glark, ?,C, Mtl. 200. E.r parte in the 
matter of the Tax Sale of Lot 172, -12 yU\. 190. Meyer v. Stciuirt. 48 
Md. 423. Guisehert v. Etchlson. 51 Md. 488. Steuart v. Meyer. .'")l yh\. 
4.~1. f'ooper v. ITolines. 71 Ma. 20. Textor v. Sliii)l('y. 77 Mil. 170. 
Shaw V. Devecnioii, SI Md. 217. lUehanlson v. Siiiiiisoii. S'J Md. 1."). 
Iiaum«ardner v. Fowler, 82 Md. O-'H. Keys v. Forrest. !K» M.I. 136. 
Taylor v. Forrest. 96 Md. 531. Cf., Mar^'afT v. Giiiiidiii,diam's Heirs, 
.57 Md. 58.5. Vouiik v. Ward. 88 Md. 119. ILMI. OppciiiM-iiiicr v. L<'vi, 
96 Md. .304. Hewitt v. Parsley. 101 Md. 207. 



86 

1880, ch. 230. P. L. L., (1888) Art. 4, sec. 838, 

49. Whenever the City Collector shall have distrained or 
levied upon any goods or chattels in said city for non-payment 
of any taxes, State or mnnicipal, due by the owner thereof, 
before making sale of property so distrained or levied upon, 
said City Collector shall give notice by advertisement published 
twice a week for one week prior to the day of sale, and also 
on the day of sale, in three of the daily newspapers published 
in said city, one of which shall be in the German language, that 
he will sell for cash, at public auction, to the highest bidder, on 
the day and at the time and place mentioned in said advertise- 
ment, the propei'ty therein specified, unless on or before the day 
of sale the entire amount of taxes for which such distraint or 
levv shall have been made, with the interest thereon, and costs 
of making said levy and advertisement, shall be paid. 

1880, ch. 230. P. L. L., (1888) Art. 4. sec. 839. 

50. Every City Collector who shall sell any goods or chat- 
tels levied or distrained upon for taxes. State or municipal, in 
Baltimore City, after due advertisement, as required in the 
preceding section, shall retain out of the proceeds of sale the 
amount of taxes due from the delinquent, for which such levy 
or distraint shall have been made, with the interest thereon, 
and all costs incurred in making said sale, and shall pay over 
the surplus, if any, to the owner of the property so levied upon 
and sold. 

1890, ch. 205. P. L. L.. (1888) Art. 4, sec. 841 A. 1900, ch. 229. 

1914, ch. 532. 

51. The City Collector shall at least two weeks before the 
taxes become in arrear give notice, by advertisement in two 
daily papers published in Baltimore City and in the Municipal 
Journal, of the day on which all taxes for the current fiscal 
year become in arrear; and shall, on the application, in person 
or by agent or by mail, of any person to whom property is 
assessed, deliver or send by mail a bill showing the amount 
of taxes due by such person. Two weeks before the day on 
which such taxes shall by law be in arrear, he shall give notice 
by advertisement in the same way that all taxes not paid on or 
before that date will be in arrears, and that the property on 
which said taxes are levied will then be subject to be sold for 
taxes. And said notice shall further state that unless the taxes 
are paid before they become so in arrear, an amount equal to 
one per centum per annum of the gross amount thereof, ac- 



87 

counting from the date when said taxes become in arrear shall 
be added to each bill for taxes in arrear; and if the same be 
not paid before they so become in arrear an amount eqnal to 
one per centum per annum of the gross amount of each bill, 
accounting from the time said taxes became in arrear to the time 
of the pa^^nent thereof, shall be added thereto as a penalty, and 
collected in the same manner as the bill itself, said penalty to be 
paid to the City Collector and by him to the City Register to the 
credit of the Mayor and City Council. In the case of escaped 
or omitted property the penalty herein provided, and also in- 
terest, shall be added to the tax bills for the current and back 
years in the same manner as if such propert_y had not escaped 
or been omitted. 

Benzinger v. Gies, 87 Md. 704. 

1904. ch. 386. 

51 A. In all cases where the City Collector shall commence 
and carry on proceedings for the enforcement and collection of 
taxes under the provisions of this Article, whether by notice, 
distraint, levy, advertisement, sale, report of sale or otherwise, 
and the term of office of such City Collector shall expire or shall 
cease bv death, resieiiation, removal or otherwise, before such 
proceedings are completed, and, in case of sale, before the said 
sale has been fully ratified and confirmed and a deed to the 
purchaser executed and delivered as provided in this Article, the 
successor in office of such Citv Collector whose term of office 
shall thus cease or expire is hereby authorized, empowered 
and required to continue and complete all said proceedings com- 
menced and carried on as aforesaid, during the term of office of 
his said predecessor, in the same manner and with like effect 
as his said predecessor would have been authorized and em- 
powered to do had his term of office not ceased and expired as 
aforesaid ; and the successor in office of such City Collector 
whose term of office shall thus cease or expire, shall have full 
power and authority to report any and all sales made by liis said 
predecessor in office, to execute and deliver any and all deeds to 
property sold or reported by his said predecessor, and generally 
to do any and all acts and things necessary or proper to be done 
in order to continue and finally complete the enforcement and 
collection of taxes, and the sale and conveyance of property 
therefor comnienoefl and carried on by his said predecessor in 
office. 

Duvall V. Perkins, 77 !\I<1. .WS. Taylor v. Forrest. !)(> .Md. 520. 

Interest and penalties may be collected from property In the hands of 



88 

a Receiver, but the right to them may he lost by delay in applying to 
the Court. 

Blakistoiie v. State. 117 Md. 238. 
Taxes pui<l under a mistake of law cannot he recovered. City Col- 
lector cannot refund taxes paid under a law. after it was declared 
invalid. 

Baltimore v. Harvey, 118 Md. 276. Amos v. Al)romaitis, 122 Md. 257. 
This act invalidates tax sale deed given before act was passed. 
McMahon v. Crean, 109 Md. 669. 



COLLECTOE OF STATE TAXES. 

1874. ch. 483. P. L. L.. (1888) Art. 4. sec. 851. P. G. I... (1904) Art. 

81, sec. 31. 

52. The Mayor shall appoint iu the mode prescribed in sec- 
tion 2.5 of this Article, and he shall hold his office as therein 
provided, one Collector for Baltimore City, for the collection 
of all State taxes levied or to be levied for any year; and it 
shall not be lawful for the municipal authorities of said city to 
provide any fixed annual or other stated compensation for 
collection of the State taxes, or a salary of any kind, to the 
said Collector for his services in collecting- the State taxes, 
otherwise than by a per centum on the amount of his collections, 
as prescribed by this Article. 

Crane v. State. 1 Md. 27. Humphrey v. State. 17 Md. 57. McCauley v. 
State. 21 Md. 573. Allen v. State, 98 Md. 697. Cf., Seidenstricker v. 
State, 2 Gill 374. 

1888, Art. 81, sec. 33. 1860, Art. 81, sec. 35. 1865. ch. 155. 1868. ch. 366. 
1874, ch. 483, sec. 32. P. L. L., (1888) Art. 4. sec. 852. 

53. The Collector of State taxes in the City of Baltimore, 
before he acts as such, shall 2;ive a bond to the State of Marv- 
land in the penalty of seventy-five thousand dollars, to be ap- 
proved by the Governor, w^ith the condition that "if the above 

bound shall well and faithfully execute his office, and 

shall account to the State Comptroller for, and pay to the 
Treasurer of the State, the several sums of money which he shall 
receive for the State, or be answerable for by law, at such 
times as the law shall direct, then such obligation to be void, 
otherwise to remain in full force and virtue in law." The 
said Collector's bond, when approved by the proper authorities 
in the City of Baltimore, shall be recorded in the office of the 
Clerk of the* Superior Court of Baltimore City, and when 
approved by the Governor shall be filed in the office of the State 
Comptroller. 

Baden v. State, 1 Gill 165. State v. Carleton, 1 Gill 249. Waters v. 



89 

state, 1 Gill 302. Lawrenson v. State, 7 H. «& J. 339. Milburn v. State, 
1 Md. 14. Billingslea v. State, 14 Md. 369. McCauley v. State, 21 Md. 
573. State v. Horner, 34 Md. 569. Frownfelter v. State, 66 Md. 80. 

1888, Art. 81, sec. 34. 1868, ch. 366. 1874, ch. 383, sec. 33. 1904, Art. 
81, sec. 34. P. L. L., (1888) Art. 4, sec. 853. 

54. The Collector of State Taxes in the Citv of Baltimore 
shall make daily deposits of such sum.s of money as he shall 
receive for State taxes collected by him, less the amount of 
commission allowed him for the collection of the same, to the 
credit of the Treasurer of the State of Maryland, in some 
bank in said city which pays to the State the bonus or school 
tax, as provided by law, to be designated by the said Treasurer, 
and shall send to the Treasurer a statement of the amount so 
deposited within the first ten days of each month, with a 
certificate of the bank that the same is so deposited; and on 
the failure to make such daily deposits and to send such certifi- 
cate, he shall, on proof thereof to the satisfaction of the Gover- 
nor, be liable to removal from ofiice by the Governor, and the 
State Comptroller shall immediately enter suit upon his bond. 

Allen V. State, 98 Md. 697. See Seidenstricker v. State, 2 Gill 374. 

1874, ch. 483. "P. L. L., (1888) Art. 4, sec. 854. 1888, Art. 81, sec. 35. 
1868, ch. 366. 1874, ch. 483, sec. 34. 

55. The Treasurer of the State may make weekly examina- 
tion of the books of the Collector of State Taxes in Baltimore 
City, whose books shall always be open to such inspection. 

1874, ch. 483. P. L. L., (1888) Art. 4, sec. 855. 1888, Art. 81, sec. 
39. 1860, Art. 81. sec. 39. 1844, ch. 236, sec. 1. 1865, ch. 155. 
1868, ch. 366. 1874, ch. 483, sec. 38. 

56. If there be no Collector of State Taxes qualified and 
compensated in conformity with the provisions of this Article 
in said city by the fifteenth day of October in any year, the 
Governor shall appoint from any part of the State a Collector 
for the said city, who shall give bond, with sureties to be 
approved by the Governor, and be in all respects on a footing 
with other State Collectors' bonds as provided in the Public 
General Laws, Article 81, title "Revenue and Taxes," and the 
said Collector shall have all the power of other Collectors. 

1874, ch. 483. P. L. L., (1888) Art. 4, Sec. 856. 

57. The Mayor and City Council of Baltimore shall levy 
upon the assessable property in the City of Baltimore such 
commission as will in its judgment insure a speedy collection 



90 

of said State taxes, not exceeding two per centum on the amount 
to be placed in the hands of said Collector of State Taxes for 
Baltimore City ; said commission to be levied for the use of said 
Collector, and to be collected as other charges are collected. 

Allen V. State, 98 Md. 697. 

58. The City Collector shall be the Collector of State Taxes, 
and perform the duties as herein provided, unless otherwise 
provided by ordinance of the Mayor and City Council of Balti- 
more. 

1906, ch. 101. 
58A. At the trial or hearing of any suit or proceedings of 
any kind, whether at law or in equity, or before any Justice of 
the Peace, brought for the recovery of any tax, or taxes, and 
for any interest or penalties that may be due and owing on 
account of the non-payment of such tax or taxes, against any 
corporation, firm or individual, and in the case of an individual 
whether such suit or proceedings be against him or her in a 
representative or fiduciary capacity, or in his or her own right, 
the certificate of the City Collector or of the Collector of State 
Taxes in the City of Baltimore, as the case may be, as to the 
amount of such tax or taxes due, and as to' the amount 
of any interest or penalties or both, due for non-pa^Tiient 
of the same shall be prima facie evidence to entitle either 
the Mayor and City Council of Baltimore or the State of Mary- 
land as the case may be, to a verdict and judgment, or to an 
order or decree as the proceedings may warrant, against such 
corporation, firm or individual, and in the case of an individual, 
whether the individual be sued or proceeded against in a repre- 
sentative or fiduciary capacity or in his or her own right for 
the full amount of such tax or taxes, together with any interest 
or penalties, or both, which said certificate shall so state to be 
due and owing. 

1912, ch. 429. 
58B. It shall not be necessary to bring separate suits or 
file separate claims for State and city taxes, but State and city 
taxes may be claimed, sued for, and recovered in one claim, suit 
or other proceeding in the name of the Mayor and City Council 
of Baltimore. 

COLLECTOE OF WATEK KENTS AND LICENSES. 

1898, ch. 123. 1900, ch. 109. 

59. The Collector of Water Rents and Licenses shall be 



91 

the head of the sixth sub-department of Finance, and shall be 
appointed by the Mayor in the mode prescribed in section 25 
of this Article, and hold his office as therein provided. He 
shall be paid the salary of two thousand five hundred dollars 
($2,500) per annum, payable monthly. He shall collect all 
water rents and license fees, and all other dues, or revenues to 
which the Mayor and City Council of Baltimore is or may 
be entitled except otherwise provided in this article, and he 
shall have such assistants and clerks and perform such other 
duties as shall be prescribed by ordinances not inconsistent with 
this Article. All licenses imposed by ordinances shall be due 
and collectible in the first week of January in each year, and 
it shall be the duty of said Collector of Water Rents and 
Licenses to see that said Licenses are paid at that time; pro- 
vided, that the Mayor and City Council of Baltimore may, if 
the public service permits, assign the duties to be performed 
by this section to be performed by the Collector of Water 
Rents and Licenses, to some other municipal official, and when 
so done by ordinance this office may be abolished. 

Does not apply to market licenses. 

Meushaw v. State, 109 Md. 84. City v. WoUman, 123 Md. 310. 

DEPARTMENT OF LAW. 

60. There shall be a Department of Law of the Mayor and 
City Council of Baltimore; the head of said department shall 
be the City Solicitor. 

1906, ch. 459. 

61. The City Solicitor shall be appointed by the Mayor in 
the mode prescribed in section 25 of this Article, and hold his 
office as therein provided. He shall be a member of the Balti- 
more Bar, who has practiced his profession for not less than 
ten years in Baltimore City, and he shall receive a salary of 
forty-five hundred dollars per annum, payable monthly. 

1898, ch. 123. 1904, ch. 112. 190G, ch. 206. 

62. The City Solicitor shall be the legal adviser of the 
Mayor and City Council of Baltimore, and its several depart- 
ments, and special commissions or boards, and shall have general 
supervision and direction of all legal business of the city, lie 
shall have charge and direction of the preparation and trial 
of all suits, actions and proceedings of every kind to wliicli the 
city, or any municipal official, department, special commission 
or board, shall be a party in any Court, local, State or Federal, 



92 

or before any Justice of tlie Peace, and when practicable, with- 
out conflict with his other duties, he shall personally participate 
in the trial of all such suits in any of the Federal Courts and 
in the Court of Appeals of Maryland and of all such suits in 
other Courts which the Mayor may request him in writing to 
try, and shall discharge such other duties as may from time to 
time be prescribed by ordinances not inconsistent with this 
Article. He shall appoint in writing four assistants, to be 
known respectively, as the Deputy City Solicitor and Assistant 
City Solicitor, all of whom shall be members of the Baltimore 
Bar, and shall hold their respective positions at salaries payable 
monthly of $3,000 per annum for the Deputy City Solicitor and 
$2,500 per annum for each of the said Assistant Cit3^ Solici- 
tors, during the pleasure of the City Solicitor, who is hereby 
authorized to assign to them the performance, subject to his 
direction and control, of any of the duties required of him by 
this Article, whether expressed to be personal to himself or 
not, excepting only such duties as pertain to his character as a 
member of the Board of Estimates or the Board of Awards. 
In case any vacancy shall occur in the office of the City Solicitor 
whether by death, resignation or otherwise, the Deputy City 
Solicitor shall perform all the duties appertaining to said office 
until the appointment and qualification of the new City Solici- 
tor, and during the absence, sickness or other disability of 
the City Solicitor, the Deputy City Solicitor shall perform all 
the duties appertaining to the office of City Solicitor, including 
his duties as a member of the Board of Estimates and of the 
Board of Awards. In addition to such other duties as the City 
Solicitor may assign to him, one of the Assistant City Solicitors 
shall have charge, subject to the direction and control of the 
City Solicitor, of the examination of all titles on behalf of the 
city, and in doing such work shall be aided by such persons as 
the City Solicitor shall employ for the purpose out of the funds 
appropriated by the annual ordinance of estimates to his de- 
partment for general expenses, or out of the proceeds of loans 
or other sums appropriated by the Mayor and City Council of 
Baltimore to defray the cost of public improvements or work 
involving the examination of titles on behalf of the city. 

In relation to the powers and duties of the City Solicitor and his 
authority in representing the city in suits prior to the enactment of 
the new City Charter, see, 

Balto. V. Ritchie, 51 Md. 233. Ireton v. Baltimore, 61 Md. 432. Dugan 
V. Mayor, 70 Md. 7, 8. M. & C. C. of Balto. v. Turnpike Co., 80 Md. 546. 

City Solicitor not a ministerial officer, 

Gross V. M. & C. C, 111 Md. 543. 



93 

63. The City Solicitor shall give advice and opinions in 
writing upon any legal questions aft'ecting the interest of the 
city, which may be submitted to him in writing by the Mayor 
or either Branch of the City Council, or any Committee there- 
of, or the head of any department, or a special commission or 
board. All deeds, bonds, contracts and other legal instruments 
involving the interest of the city or to be executed by or passed 
to the Mayor or other officer of the city shall, before they are 
executed or accepted, be submitted to the City Solicitor and 
have endorsed upon them his opinion as to their sufficiency and 
their compliance in terms and conditions with the laws or ordi- 
nances under which they are executed. It shall be the duty of 
all officers and departments of the city to submit all such bonds, 
contracts or other written instruments to the City Solicitor for 
his approval before executing or accepting the same. 

64. The Law Department shall have its offices and head- 
quarters in such rooms in the City Hall, or elsewhere, as the 
Mayor may designate, to be provided and furnished at the 
expense of the city, and which shall be open on all business 
days between the hours of 9 A. M. and 3 P. M. All papers and 
documents relating to the legal business of the city shall be 
permanently filed in said office. 

1898, eh. 123. 1904, ch. 112. 1906, ch. 206. 

65. The City Solicitor is authorized to employ, in addition 
to the assistants to one of the Assistant City Solicitors men- 
tioned in section 62 of this Article, at a total cost not exceeding 
the aggregate amount therefor fixed by the annual ordinance of 
estimates, a clerk, stenographer and typewriter, and such other 
assistants of every kind as he may require, who shall at all times 
be subject to his orders. The said clerk shall, subject to the 
direction of the City Solicitor, have charge and custody of the 
office and papers of the Law Department, which shall be ar- 
ranged and indexed by him in such convenient and orderly 
manner as to be at all times readily accessible. He shall also 
keep in said office a complete docket and duplicate pleadings 
of all suits, actions, or proceedings in which the city, or any 
department or official thereof, is interested, pending in any 
Court or tribunal, upon which docket such appropriate entries 
shall be made as to show at all times the coiiditi(jii of each one 
of such cases. He shall also keep and record in a book to be 
provided for that purpose the original or duplicate copies of all 
written opinions furnished by the Law Department to the city, 



94 

or to any department or official thereof, and also of all abstracts 
of title furnished to the city by the Law Department. He shall 
also procure as far as possible all legal opinions and abstracts 
of title which have heretofore been furnished to the city, or 
any department or official thereof, and shall file and arrange 
such opinions and abstracts in such manner and order as to be 
at all times readily accessible, and shall make and preserve an 
index thereof. He shall also procure all law books heretofore 
purchased by the city and in possession of any law officer or ex- 
law officer of the city, and arrange them in a proper bookcase. 

66. The City Solicitor shall have authority, with the written 
approval of the Mayor, to institute on behalf of the Mayor and 
City Council of Baltimore, any suit, action or proceeding in 
any court or tribunal, local. State or Federal. All appeals on 
behalf of the city to the Court of Appeals, the Supreme Court 
of the United States, the United States Circuit Court of Ap- 
peals or to any other Court shall be taken upon the written 
order of the City Solicitor, approved by the Mayor. 

M. & C. C. of Baltimore v. Turnpike Co., 80 Md. 536. 

67. The City Solicitor and his Assistants shall be allowed 
reasonable traveling expenses outside of the city, to be audited 
by the Comptroller, when on business connected with the Law 
Department. 

DEPAETMENT OF PUBLIC SAFETY. 

68. There shall be a Department of Public Safety of the 
Mayor and City Council of Baltimore, which shall consist of 
the Board of Fire Commissioners, Commissioner of Health, 
Inspector of Buildings and Commissioner of Street Cleaning, 
and ex officio the President of the Board of Police Commis- 
sioners. The head of said department shall consist of a Board 
of Public Safety, composed of the President of the Board of 
Fire Commissioners, who shall be President of said Board, 
Commissioner of Health, Inspector of Buildings, Commissioner 
of Street Cleaning, and the President of the Board of Police 
Commissioners. This Board shall be for consultation and ad- 
vice, and it shall have no power to direct or control the duties 
or the work of any sub-department. It shall perform such other 
duties as may be required of it by ordinances not inconsistent 
with this Article. 



95 

BOARD OF FIRE COMMISSIONERS. 

69. The Board of Fire Commissioners shall be the head 
of the first sub-departmeut of Public Safety, and shall consist 
of a Board of three persons appointed by the Mayor in the man- 
ner prescribed in section 25 of this Article, and hold their 
offices as therein provided, and they shall have control, regula- 
tion and supervision of the Fire Department and matters re- 
lating to the same, and shall perform such other duties as may 
be required by ordinances not inconsistent with this Article. 
One of said three persons shall be designated by the Mayor as 
the President of said Board. Each member of said Board 
shall be paid a salary of one thousand dollars per annum, paya- 
ble monthly. They shall have power to appoint ajl subordi- 
nates in their sub-department, and fix their compensation, not, 
however, to exceed in number of employees or aggregate amount 
of compensation the limits fixed by ordinance. 

1884, ch. 312. 1886, ch. 463. 1888, ch. 393. P. L. L., (1888) Art. 4, 

sees. 315 and 315A. 

70. The Board of Fire Commissioners of the City of Balti- 
more may retire from office in the Fire Department any per- 
manent or call member thereof who has become permanently 
disabled while in the actual performance of duty, or who has 
performed faithful service in the department for a period of 
not less than twenty consecutive years, or who may become una- 
ble to perform further service by reason of age or other physi- 
cal or mental disabilities, and place the member so retired upon 
a pension roll. And said Board may also provide for the re- 
lief of the widows and children of firemen who may be killed 
in the discharge of dutv. The amount of such annual pension 
to be allowed by said Board of Fire Commissioners to each 
pensioner shall be equal to one-half the yearly amount then 
being received by him, for service in said department at the 
time of such retirement, per annum, payable in monthly in- 
stallments. 

COMMISSIONER OF HEALTH. 

71. The Commissioner of Health shall be the head of the 
second sub-department of Public Safety. He shall be appointed 
by the Mayor, in the mode prescribed in section 2.5 of tliis Arti- 
cle, and hold his office as therein provided. It shall be liis duty 
to cause all ordinances now in existence or wliich may here- 
after be enacted for the preservation of the health of tlie City 
of Baltimore, not inconsistent with this Article, to be faitlifully 



96 

Qsecuted and strictly observed; and all power and authority 
now lodged in the Board of Health in said city shall be and 
the same is hereby transferred to the Commissioner of Health. 
His salary shall be three thousand five hundred dollars per 
annum, payable monthly, and he shall be a physician of five 
years' experience and active practice at the time of his appoint- 
ment. He shall perform such duties in this department as are 
now required or may hereafter be prescribed by ordinance not 
inconsistent with this Article. The Commissioner of Health 
may appoint two Assistant Commissioners of Health, a Medical 
Examiner and an Assistant Medical Examiner, and a reasona- 
ble number of clerks and subordinates, and fix their compensa- 
tion, but no greater number of persons shall be appointed by or 
employed under said Commissioner of Health than the public 
interests demand and the appropriation by the Mayor and City 
Council of Baltimore shall justify. 

J"'or origin of provisions of cliarter under ttiis title, see City Code 
(1893), Art. 23. 

72. There may be appointed by the Commissioner of Health, 
a reasonable number of Sanitary Inspectors for said city, not 
exceeding fifteen, of whom two may be physicians, and one, at 
least, shall be a person skilled in the matters of drainage and 
ventilation; and the Commissioner of Health from time to 
time may prescribe the duties of each, consistent with the ordi- 
nances now existing or hereafter enacted, and not inconsistent 
with this Article. 

1894, ch. 53. 

73. The Commissioner of Health shall appoint all inspectors 
and analysts of bakeries, bake shops, candy factories, confec- 
tioners or other places for the manufacture of bread, cakes, 
confectionery and similar food products, for the purpose more 
especially of ascertaining their sanitary condition and cleanli- 
ness, and for the purpose of ascertaining the purity, healthful- 
ness and wholesomeness of the flour, sugar, butter, lard or other 
ingredients used in making such bread, cakes, confectionery 
and other articles of food offered for sale in the City of Balti- 
more, or intended for consumption therein, as by ordinance may 
be prescribed. 

Deems v. M. & C. C. of Baltimore, 80 Md. 170. 

1894, ch. 53. 

74. The Commissioner of Health shall appoint all inspectors 
and analysts for the proper inspection of milk or any and all 



97 

other food products offered for sale in the City of Baltimore, 
or intended for consumption therein, as by ordinance may be 
prescribed. 

Deems v. M. & C. C. of Baltimore, 80 Md. 170. 

75. One of the Assistant Commissioners of Health, who 
shall be a legally authorized practicing physician in good 
standing, shall be assigned to the performance of the duties 
of Quarantine Hospital Physician. He shall reside perma- 
nently on the grounds attached to the Hospital on the southern 
shore of the Patapsco River, and known as the Quarantine Hos- 
pital of the port of Baltimore, and shall superintend all the 
affairs of the hospital and the adjacent grounds, under the direc- 
tion of the Commissioner of Health. Whatever powers have 
been heretofore granted by the Mayor and City Council of 
Baltimore, in regard to quarantine regulations, to the Board of 
Health, are hereby transferred to the Commissioner of Health, 
subject to alteration, amendment or repeal by ordinances not 
inconsistent with this Article. 

76. In consideration of the duties to be performed by one 
of the Assistant Commissioners of Health as Quarantine Hos- 
pital Physician, said officer shall hereafter receive, in lieu of all 
commissions and fees, a salary of three thousand dollars per 
annum, payable monthly, and he may occupy the dwelling on 
the hospital grounds free of charge, but all expenses incurred 
for his support, or that of his family, shall be defrayed out of 
his salary. The other Assistant Commissioner of Health shall 
be allowed a salary of two thousand dollars per annum, payable 
monthly. 

1898, ch. 123. 1900, ch. 109. 

77. The Commissioner of Health shall annually appoint a 
Vaccine Physician for every ward of the City of lialtimore, 
who shall be a resident of the ward for which he may be ap- 
pointed, who shall vaccinate in his ward all such persons as may 
be designated by the Commissioner or Assistant Commissioner 
of Health as susceptible to small-pox contagion, nnd whose duty 
it shall be to visit each dwelling house in the ward for which 
he is appointed and vaccinate every person who may bo pre- 
sented to him for that purpose, and to be prepared at his olllce 
at such hours as may be designated by the Commissioner of 
Health to vaccinate all who may there call on liim llial arc 
residents of said ward requiring vaccination, lie shall keep a 
record of the names, ages and residences of nil wlioin lie slnili 

(5) 



98 

vaccinate or re-vaccinate, and report the same monthly under 
oath or affirmation to the Commissioner of Health, and shall 
also report to said Commissioner of Health monthly the names 
of all persons who shall refuse to suffer themselves or the mem- 
bers of their household to he vaccinated when the same shall 
be necessary. He shall discharge all other duties which may 
be required of him as such Vaccine Physician by ordinances 
not inconsistent with this Article, and shall also discharge the 
duties of Sanitary Inspector for his ward. Each Vaccine 
Physician shall be paid a salary of not more than nine hundred 
dollars ($900) per annum, to be fixed by the Health Commis- 
sioner, payable monthly. 

78. Each of the said Vaccine Physicians shall act as 
health warden of his respective wards, and shall sign, without 
charge, all certificates that may be required of him to enable 
children from the respective vaccine districts to enter any of 
the public schools of Baltimore; and he shall have a general 
supervision of the health of his respective wards, and report to 
the Commissioner of Health any nuisance which in his opinion 
is or may become a source of disease, and in case of the mani- 
festation of any contagious disease, he shall at once, under the 
direction of the Commissioner of Health, proceed to use such 
means as the nature of the case may demand, to arrest its 
progress. 

INSPECTOK OF BUILDINGS. 

79. The Inspector of Buildings shall be the head of the 
third sub-department of Public Safety. He shall be an archi- 
tect or builder of ten years' experience in the active practice of 
his profession and have had responsible charge of work for 
at least that length of time. He shall be appointed by the 
Mayor in the mode prescribed in section 25 of this Article, 
and hold his office as therein provided, and under this depart- 
ment he shall have the supervision of the construction of all 
buildings erected in the said city, and shall see that the 
building laws relating to the construction of said buildings 
shall be complied with, and he shall perform such other duties 
as may be prescribed by ordinances not inconsistent with this 
Article. He shall be paid a salary of three thousand dollars 
per annum, payable monthly. 

1882, ch. 74. P. L. L., (1888) Art. 4, sec. 129. 

80. It shall be the duty of the Inspector of Buildings to 



99 

visit and inspect all theatres, hotels, public halls, churches, 
school-houses and buildings used for public assemblages, and 
all manufactories employing twenty-five or more persons, now 
erected or that mav hereafter be erected in the Citv of Balti- 
more for the purpose of ascertaining if said buildings have the 
proper means of exit in case of fire or panic; and if, on 
examination, the said Inspector of Buildings, shall determine 
that said buildings, as herein enumerated, have not the proper 
means of exit for the purposes herein prescribed, then it shall 
be the duty of the said Inspector of Buildings to notify in 
writing, the owners, trustees or lessees of said buildings that 
the proper means of exit do not exist, and direct the said 
owners, trustees or lessees of said buildings, as herein enumer- 
ated, to so improve the same as to provide the proper means 
of exit, in case of fire or panic, as in the judgment of the said 
Inspector of Buildings he may deem proper and necessary, 

1882, ch. 74. P. L. L., (1888) Art. 4, sec. 130. 

81. If any person having been notified, as provided in the 
preceding section, shall fail to comply with said notice, he shall, 
after the expiration of thirty days from the date of said notice, 
forfeit and pay a fine of one hundred dollars for non-com- 
pliance therewith, and twenty-five dollars per day for each 
and every day thereafter that he shall refuse to make such 
improvements as prescribed in the notice so given, as provided 
in the preceding section ; said fines to be collected as other 
fines are collected by law. 

82. It shall be the duty of the Inspector of Buildings to 
enforce the execution of all existing or hereafter enacted build- 
ing regulations and ordinances relating to the construction, 
alteration and removal of buildings, or other structures, walls 
or parts of buildings or other structures. The Inspector of 
Buildings shall have power to appoint such assistants and 
subordinates, clerks and employees as are or may hereafter be 
prescribed by ordinance, and fix their compensation, not to 
exceed in the aggregate the amount allowed by ordinance. 

COMMISSIONER OF STREET CLEANING. 

83. The Commissioner of Street Cleaning shall be the head 
of the fourth sub-department of Public; Safety. He shall bo 
appointed by the Mayor in the mode prescribed in section Sf) of 
this Article, and hold his office as therein provided. lie shall be 
charged with the duty of cleuTiing tli(^ streets, as well as the 



100 

cleaning of the sewers, subject as to the latter to the direction 
and orders of the City Engineer ; and shall perform such other 
duties as may be prescribed by ordinances not inconsistent with 
this Article. He shall be paid a salary of two thousand five 
hundred dollars per annum, payable monthly. The Commis- 
sioner may appoint such subordinates as his department shall 
require, and fix their compensation, not to exceed in the 
aggregate the amount appropriated by ordinance. 

DEPAKTMENT OF PUBLIC IMPROVEMENTS. 

1914, ch. 852. 

84. There shall be a Department of Public Improvements 
of the Mayor and City Council of Baltimore, the head of which 
department shall be the Chief Engineer of Baltimore, who 
shall be appointed by the Mayor in' the mode prescribed in 
section 25 of this Article, and hold his office as therein pro- 
vided, except that the first Chief Engineer who shall be ap- 
pointed in pursuance of this Act may be appointed by the 
Mayor as soon after the passage of this Act as to him may seem 
proper, to hold office until the first Monday in October, 1915. 
The said Chief Engineer of Baltimore shall be a civil engineer 
of standing in his profession and shall have been in active 
practice and have had responsible charge of work for at least 
five years; he shall have supervision of all engineering ques- 
tions and matters connected with any and every public improve- 
ment in Baltimore City or elsewhere, made by the Mayor and 
City Council of Baltimore, or any department, board or 
agency thereof, and all plans and specifications for all such 
public improvements involving any engineering question or 
questions shall be submitted to him and be subject to his ap- 
proval. He shall take the place of the City Engineer as Chief 
Engineer of the Paving Commission and shall advise the Board 
of Estimates on all engineering matters ; he shall perform such 
other duties as may be imposed upon him by ordinances of the 
Mayor and City Council of Baltimore or by the Board of 
Estimates not inconsistent with those herein specified ; he shall 
receive a salary of $4,500.00 per annum, payable as the 
salaries of other city officials, subject, however, to the pro- 
visions of section 36A of the City Charter; he shall give his 
whole time and attention to the duties of his position, and shall 
not accept or engage in any other employment during the time of 
holding said position, except by the previous consent of the 
Board of Estimates entered upon their minutes. The organi- 
zation of the Department of Public Improvements shall con- 



101 

sist of the Chief Engineer of Baltimore, as president, and of 
the following sub-departments : 

Highwaj^s Engineer, 

Commission on City Plan, 

Topographical Survey Commission, 

Sewerage Commission, 

Paving Commission, 

Annex Improvement Commission, 

Electrical Commission, 

Water Board, 

Harbor Board, 

Inspector of Buildings, 

City Surveyor. 

The City Surveyor, under the direction of the Chief Engi- 
neer, shall perform such duties as may be imposed upon him 
by ordinance ; he shall receive as compensation for the discharge 
of his duties the sum of three thousand dollars ($3,000.00) per 
annum, payable as the salaries of other city officials are pay- 
able, which shall be in lieu of all fees or emoluments received 
by him which have been heretofore chargeable to the city, and 
all fees and emoluments which he may receive from any*^ party 
other than the city shall be collected by him and turned over to 
the Comptroller and credited to the general revenue of the city. 

The Highways Engineer, under the direction of the Chief 
Engineer of Baltimore, shall perform all the duties heretofore 
performed, or required by any law to be performed, by the 
City Engineer, except the duties of the Chief Engineer of the 
Paving Commission, which shall be performed by the Chief 
Engineer of Baltimore. 

The other sub-departments above mentioned shall continue 
to perform the duties imposed upon them by law as heretofore, 
excepting only that they shall be subject to the supervision and 
direction of the Chief Engineer of Baltimore as lierein pro- 
vided. He shall be the arbiter of all questions and controversies 
that may arise between any of the said sub-departments or be- 
tween the engineers of said sub-departments, and his decision 
shall be final. He shall have power to call togetlier for consulta- 
tion, whenever he deems it advisable, the Highways Engineer, 
the Water Engineer, the Harbor Engineer, tlie City Surveyor, 
and the Engineer of each of the other sub-departments above 
mentioned, or the chief engineer of any of said snb-dopartmonts 
having more than one engineer. Upon re(inest of any sub- 
department, or the head or engineer thereof, or any other party 
in interest, he shall call together the engineers above mentioned 



102 

to discuss and give their opinions upon any engineering ques- 
tion that may arise or be presented for his determination ; and, 
in the event of any controversy between any of the sub-depart- 
ments or the engineers thereof, he shall give opportunity to 
both sides to be heard before said board of engineers ; but after 
such hearing, and after hearing the opinions of said engineers, 
the decision of the matter shall be made by the said Chief Engi- 
neer. Whenever, because of sickness, temporary absence from 
the city, or other disability, or under the stress of conflicting 
engagements or other reasonable necessity, the Chief Engineer 
of Baltimore shall be unable to discharge any duties or exercise 
any power imposed or conferred upon him in person in his 
primary capacity as Chief Engineer of Baltimore, by law or 
ordinance, he shall be and is hereby authorized to delegate in 
writing, subject to the approval of the Mayor, the discharge of 
such duty or the exercise of such power to such one or more of 
his chief subordinates as he may select. 

There shall be connected with said Department of Public 
Improvements a Board of Public Improvements, composed of 
the Chief Engineer of Baltimore, the Highways Engineer, the 
Water Engineer, the Harbor Engineer, and the Inspector of 
Buildings. This Board shall be for consultation and advice. It 
shall have no power to direct or control the duties or the work 
of any sub-department under this Department, It shall per- 
form such other duties as may be required of it by ordinances 
not inconsistent with this Article. 

85. When any ordinance for a public improvement, not 
included in the ordinance of estimates furnished by the Board 
of Estimates under the provisions of this Article, exceeding 
in cost the sum of two thousand dollars has passed its first 
reading in the Branch of the City Council in which it origi- 
nates, it shall be referred to the Board of Public Improvements 
for an opinion, in writing, as to its advisability and whether 
the wants of the city actually require such an improvement, and 
by the last-named Board with such opinion attached to said 
ordinance it shall be sent to the Board of Estimates for its 
opinion, in writing, as to the probable cost of the same and 
whether the financial condition of the city will justify such an 
expenditure. "No further action with regard to said ordinance 
shall be taken by the City Council until such reports have been 
made and submitted to both Branches of the City Council and 
read and entered on the respective journals of said Branches. 
It shall be the duty of both of the said Boards to promptly make 



103 



the said reports and the Board of Estimates shall return the 
same attached to said ordinance to the City Council. 
Baltimore City v. Gorter, 93 Md. 13. 

HIGHWAYS El^GINEER. 

1906, ch. 459. 1914, ch. 852. 

86. The Highways Engineer, who shall be the head of the 
first sub-department of Public Improvements, shall be ap- 
pointed by the Mayor in the mode prescribed in section 25 of 
this Article, and hold his office as therein provided. He shall 
have control and supervision of the streets, highways, lanes and 
alleys of the City of Baltimore, both as to their construction, 
paving and curbing. He shall construct all sewers, unless 
otherwise provided by ordinance of the City Council or Act of 
the Legislature. He shall be a civil engineer in the active 
practice of his profession for five years, and one who has had 
responsible charge of work for at least that length of time. He 
shall perform all the duties heretofore performed by the City 
Engineer, unless otherwise provided in this Article. He shaU 
receive a salary of forty-five hundred dollars ($4,500.00) per 
annum, payable monthly, and perform such other duties as may 
be prescribed by ordinances not inconsistent with this Article. 
He shall have power to appoint such subordinates as he may 
require, and fix their compensation, not, however, to exceed in 
number or compensation the limits fixed by ordinance (pro- 
vided, however, that nothing in this Act contained shall be con- 
strued to in any wise impair or modify the powers conferred 
upon the Sewerage Commission created under the provisions of 
Chapter 349 of the Acts of 1004). 

86A. Ptcpealed by Act of 1914, ch. 852. 
PKOTECTION OF IMPEOVED PAVEMENTS. 

1906, ch. 798. 

86B. Whenever any of the streets, lanes or alleys of the 
City of Baltimore are to be paved or repaved with any new or 
improved pavements, the City Engineer before said paving or 
repaving is proceeded with shall cause a notice to be inserted 
in two daily newspapers published in the City of Baltimore, 
once a week for four successive weeks, notifying all persons and 
corporations that upon the expiration of a day to be named in 
said notice, said day not to be less than six weeks from the date 
of the first insertion of said notice, he will proceed witli said 
paving or repaving and warning said persons and corporations to 



104 

obtain permits for and to complete all work that might in any 
way necessitate the digging or tearing up of the said street, 
lane or alley, or any part thereof when so paved or repaved, 
before said day, and written or printed notices of like tenor 
and effect shall likewise at least four weeks before the expira- 
tion of said day, be served by the City Engineer, or on his be- 
half, upon all persons or corporations that he may suppose to 
be interested in receiving such notices ; provided, however, that 
the service of such last mentioned notices shall not be so con- 
strued as to be one of the prerequisites to the validity of the 
proceedings by the city under this and the succeeding section 
of this Article. 

1906, ch. 798. 

86C. The said pavement or repavement when thereafter 
laid shall in no event be dug or torn up in whole or in part at 
the instance of or by any person or corporation, unless in the 
case of some special emergency that could not under the cir- 
cumstances be reasonably expected to have been foreseen by said 
person or corporation, except upon a permit obtained therefor, 
signed and issued by the Mayor and City Engineer, jointly, 
which said permit said Mayor and City Engineer are expressly 
empowered in their absolute discretion to issue or withhold as 
the circumstances may appear to them to warrant. In case the 
said Mayor and City Engineer determine to issue said permit, 
they may attach such conditions and terms thereto as they may 
deem right and proper. 

1912, ch. 429. 

86D. The City Engineer shall be the Chief Engineer, and 
after the Sewerage Commission shall have completed the sewer- 
age system, under all Acts of the General Assembly of Mary- 
land, and shall have turned the same over to the Mayor and 
City Council of Baltimore, as therein provided, the City Engi- 
neer shall have charge of the maintenance and extension of the 
sewerage system. 

WATER BOARD. 

87. The Water Board shall be the head of the second sub- 
department of Public Improvements, and shall have chai-ge of 
the water supply to the inhabitants of the City of Baltimore, 
and shall consist of five persons appointed by the Mayor in the 
manner prescribed in section 25 of this Article, and hold their 
offices as therein provided. One of said five persons, who shall 



105 

be the President of said Board and knoA\Ti as the Water Engi- 
neer, and so named by the Mayor, shall be a civil engineer in the 
active practice of his profession for five years, and who has had 
responsible charge of work for at least that period of time. The 
Water Engineer shall receive a- salary of four thousand dollars 
per annum, payable monthly, and the other members of said 
Board shall serve without pay. All subordinates employed in 
said sub-department shall be appointed by the Water Engineer, 
subject to the approval of said Board ; he shall fix their compen- 
sation not to exceed in the aggregate the amount appropriated by 
ordinance. The Water Engineer and Water Board shall per- 
form such other duties as now or may hereafter be prescribed 
by ordinances not inconsistent with this Article. 

1904, ch. 364. 

87A. The Water Board shall have such power and authority 
with reference to the assessing and establishing of rates either 
by meter, fixed charge or otherwise, for the supply and use of 
water for any purpose and at any point in Baltimore City and 
County, as may be delegated by said Board by ordinance of the 
Mayor and City Council of Baltimore; payments of said rates 
to be enforced as now provided by law ; and the said Water 
Board shall also have such power and authority with reference 
to the abatement of water rates as may be delegated to them by 
ordinance of the Mayor and City Council of Baltimore. 

IIAEBOR BOARD. 

1908, ch. 170. 

38. The Harbor Board shall be the head of the third sub- 
department of Public Improvements, which shall have charge of 
the harbor, wharves and navigable waters, including bridges 
over same, in and adjacent to the City of Baltimore. It shall 
consist of five persons appointed by the Mayor in the manner 
prescribed in section 25 of this Article, who shall hold tlieir 
offices as therein provided. One of said five persons, who shall 
be the president of said board, and known as the Harbor Engi- 
neer, and so named by the Mayor, shall be a civil engineer in 
the active practice of his profession for five years, and who has 
had responsible charge of work for at least tliat period of time. 
Tlio Harbor Engineer shall receive a siilnry of four tlioiisnnd 
dollars per annum, payable monthly, and the other members of 
said board shall serve without pay. All subordinates employed 
in said sub-department shall be appointed by the Harbor Engi- 
neer, subject to the approval of said board; he shall fix their 



106 

compensation, not to exceed in the aggregate the amount appro- 
priated by ordinance. The Harbor Engineer and Harbor Board 
shall perform such other duties as may hereafter be prescribed 
by ordinances not inconsistent with this Article. 

INSPECTOE OF BUILDINGS. 

89. The Inspector of Buildings shall be the head of the 
fourth sub-department of Public Improvements, and shall be 
the same officer whose appointment is provided for herein in 
the Department of Public Safety. The duties he shall perform 
in this department and sub-department shall be the superin- 
tendence of the construction and repairing of all buildings built 
by the city, unless otherwise provided by ordinances. He shall 
receive no additional pay for his services rendered in this de- 
partmtot. Pie shall perform such other duties in this depart- 
ment as may be required of him by ordinances not inconsistent 
with this Article. 

DEPARTMENT OF PUBLIC PARKS AND SQUARES. 

1906, ch. 416. 

90. There shall be a Department of Public Parks and 
Squares of the Mayor and City Council of Baltimore, the head 
of said department shall consist of a Board of Park Commis- 
sioners composed of five members to serve without pay, ap- 
pointed by the Mayor in the manner prescribed in section 25 of 
this Article, one of whom shall be the President thereof, and 
shall be so designated by the Mayor. Their term of office shall 
be five years, one of them to retire at the end of every year at 
which time his successor shall be appointed. The present Board 
shall determine by lots their terms of office so as to provide for 
the retirement of one of its members on the first Monday in 
October in the vear 1906, and one at the end of each vear 
thereafter succeeding; provided, however, that none of the 
present Board shall serve for a longer term than five years, 
unless reappointed ; said Board shall elect a secretary, who shall 
be paid a salary of one thousand five hundred dollars ($1,500) 
per annum, payable monthly, and he shall be the clerk of said 
Board, and shall perform such duties as may be prescribed by 
said Board. The said Board shall perform such other duties as 
may be prescribed by ordinances not inconsistent with this 
Article. 

1906, ch. 416. 

91. The Board of Park Commissioners shall have charge 



107 

and control of all public parks, squares, boulevards leading to 
parks, springs and monuments belonging to and controlled by 
or in the custody of the Mayor and City Council of Baltimore ; 
and it shall have power and authority to rent or lease property, 
which it may acquire on behalf of the city, whether by purchase, 
condemnation or otherwise, at such reasonable rentals, and for 
such terms as to the said Board may seem proper. 

1862, ch. 29. P. L. L., (188S) Art. 4, sec. 706. 

92. The Board of Park Commissioners shall have power 
from time to time to make such rules and regulations for the 
government and preservation of order within the parks, squares, 
springs and monuments belonging to, controlled by, or in tlie 
custody of the Mayor and City Council of Baltimore, as it may 
deem expedient. To carry out such regulations, lines not 
exceeding in any one case one hundred dollars shall be imposed 
for breaches of said rules and regulations, which fines shall be 
recoverable as other fines are in the name of the city, and said 
amounts so recovered shall be used and appropriated to the 
purposes of the Board of Park Commissioners. 

1876, ch. 40. P. L. L., (1888) Art. 4, sec. 707. 1902, ch. 92. 1906, ch. 416. 

93. The Board of Park Commissioners is authorized and 
empowered to regulate the speed of vehicles and equestrians 
within one mile of the approach and within the limits of said 
parks and squares, and to impose the fines provided for in the 
preceding section for the violation of any regulations it may 
establish in this connection, to be recovered as therein provided; 
but the said Board of Park Commissioners shall have no author- 
ity to pass any rule or regulation excluding private automobiles 
from the free use of the parks, squares and roadways under its 
control, nor shall the said Board of Park Commissioners have 
authority to pass any rvde or regulation requiring vehicles, 
equestrians or automobiles to travel at a slower rate of speed 
tlian six miles per hour. The said Board shall also have power 
and authority to admit into the parks, squares and boulevards 
under its control, public conveyances, whether automobiles, 
wagons, or any other kind of vehicles, upon such terms and 
conditions as to charges and otherwise, as to the said Board may 
seem proper. 

1908, ch. 106. 

93A. The Board of Park Commissioners is authorized and 
empowered to establish athletic fields and plnygrounds in the 
public parks of Baltimore City for the use of the students of 



108 

the public schools of said city, and to designate the grades and 
classes of students who shall use the different playgrounds 
which may be so established, and to prescribe rules and regula- 
tions for the use thereof, and for the exclusion under reason- 
able conditions of other persons therefrom. 

1862, ch. 29. P. L. L., (1888) Art. 4, sec. 708. 

94. The several members of the said Board of Park Com- 
missioners shall have the power of conservators of the peace 
within the limits of said parks and squares. 

1862, ch. 29. P. L. L., (1888) Art. 4, sec. 709. 

95. The Board of Police Commissioners of Baltimore City 
is directed at the request of the Board of Park Commissioners 
to detail from time to time such of the regular police force of 
said city as the said Board of Park Commissioners may deem 
necessary for the preservation of order within said parks and 
squares, according to the regulations aforesaid, which policemen 
shall be under the direction of said Board of Park Commis- 
sioners, and shall have the same power in said parks and squares 
that the Police of the City of Baltimore have as conservators of 
the peace in Baltimore City or elsewhere. 

Upshur V. Baltimore City, 94 Md. 743. 

1876, ch. 344. P. L. L., (1888) Art. 4, sec. 712. 

96. In addition to the powers now or hereafter conferred 
upon the Board of Park Commissioners, it is authorized to form 
zoological collections within the limits of said parks or squares 
by the purchase and collection of live, wild or other animals, 
for the purpose of public exhibition. 

1876, ch. 344. P. L. L., (1888) Art. 4, sec. 717. 

97. The said Board of Park Commissioners shall have full 
power to employ and compensate all persons whom, in its judg- 
ment, it may deem proper, in maintaining and supporting such 
parks, squares, springs and monuments, or any other building, 
collection, garden or reservation provided for in this Article. 
The distribution of the park fund for the maintenance of the 
different parks and squares shall be made by the Park Com- 
missioners. 

Addition made by Act of 1900, ch. 109, omitted in pursuance of M. & 
C. C. V. Williams, 124 Md. 502. 



109 

1SS6, cb. 354. P. L. L., (1888) Art. 4, sec. 719. 

98. The night watchmen employed by the Board of Park 
Commissioners shall have, while on duty, the same power that 
police in said city have as conservators of the peace. 

1908, ch. 147. 

98a. That the jurisdiction of the Board of Park Conmiis- 
sioners of the City of Baltimore be and the same is hereby ex- 
tended over the sidewalks which -border on Harlem Park, in 
said city, on all sides of said park to the curb lines of said side- 
walks, as now established. 

1910, ch. 142. 

98b. That the jurisdiction of the Board of Park Commis- 
sioners of the City of Baltimore be, and the same is hereby, ex- 
tended over the sidewalks which border on Collington Square, 
or Park, in said city, on all sides of said square, or park, to 
the curb lines of said sidewalks, as now established. 

DEPAKTME:t^T OF EDUCATIOT^T. 

1906, ch. 107. 

99. There shall be a Department of Education of the Mayor 
and City Council of Baltimore. The head of said department 
shall consist of a Board of School Commissioners composed of 
nine persons, who shall serve without pay, and who shall be 
appointed by the ]\[ayor in the mode prescribed in section 25 of 
this Article, and removable as therein provided. One of said 
Commissioners shall be President of said Board and so desig- 
nated by the Mayor when appointed. Their term of office shall 
be six years, three of them to retire at the end of every two 
years. The Board first appointed shall determine by lot their 
term of office, so as to provide for the retirement in tlu^ suc- 
ceeding two and four years of three of their number. The 
members of said Board shall be residents of the City of Balti- 
more for at least one year, citizens of the State of Maryland 
for at least five years prior to their appointment. The members 
of said Board shall be chosen by the Mayor from among those 
he deems most capable of promoting the interest of public 
education by reason of their intelligence, character, education or 
business habits. In the selection of members of said Board and 
in their action in the administration of the public schools, 
ecclesiastical and party ties shall not be regarded, so that tlie 
public schools may be entirely out of the field of political and 



110 

religious differences and controversies. The said Board shall 
confirm or reject all nominations of teachers made to it, as 
hereinafter provided by the Superintendent of Public Instruc- 
tion and his assistants. It shall not confirm the appointment of 
any teacher whose name does not appear upon the graded list, 
hereinafter provided for. All oificers, secretaries, clerks and 
employees shall be appointed by said Board, and may be re- 
moved by it at pleasure, and any teacher may be removed by 
said Board on the recommendation of the Superintendent of 
Public Instruction after charges preferred and trial had. The 
salary of all officers, teachers, secretaries, clerks and employees 
shall be fixed by said Board, not to exceed in the aggregate the 
amount appropriated by ordinance. Whenever the construction 
of a new schoolhouse or the enlargement and repairs of an old 
schoolhouse is authorized, the instructions of the Board of 
School Commissioners shall be regarded by the Inspector of 
Buildings in the preparation of his plans, and no plans shall be 
finally adopted without the concurrence of said Board. All 
text-books, stationery and furniture required for the public 
schools shall be purchased by the said Board; subject to the 
provisions of sections 14 and 15 of this Article. 

In reference to powers of Board of School Commissioners, see: School 
Commrs. of Balto. v. State Board of Education, 26 Md. 512. Weddle v. 
Board School Commrs., 94 Md. 334. 

Power, School Commissioners — appointment teachers. 
Semmes, et al. v. Rowland, 114 Md. 260. 

Members of the School Board are not liable for their official acts, 
unless they "do wrong wilfully, fraudulently and corruptly." 
Roschen v. School Commissioners, 116 Md. 42, 49. 

Trial must be upon sufficient charges— it seems teacher on trial en- 
titled to be represented by counsel. 

Riggs V. Green, 118 Md. 219. 

100. The said Board shall appoint the principal, professors, 
tutors and instructors of the City College, the principals, tutors 
and instructors of the Polytechnic Institutes, and of the High 
Schools. It shall also appoint a Superintendent of Public 
Instruction and one or more Assistant Superintendents of 
Public Instruction, one of whom shall be the First Assistant, 
and shall act as Superintendent of Public Instruction if that 
officer is disabled. The said Superintendents shall all be per- 
sons of education and experience in the management of schools, 
and they shall not be less than twenty-five years of age, at the 
time of their appointment, and shall discharge the duties herein 
prescribed and such other duties as the said Bcfard may direct. 
In order to secure the continuance of local interest in and 



Ill 

oversight of the public schools, there shall be appointed an- 
nually by said Board such number of unpaid School Visitors 
as may be found requisite. One or more of these visitors shall 
be assigned to every school, and every visitor so assig-ned shall 
be a resident or engaged in business within half mile of the 
school to which he or she is assigned, so that the parents and 
inhabitants of every neighborhood may have easy access to an 
official of the public schools. The said visitors shall perform 
the duties hereinafter prescribed, and such other duties as the 
said Board may direct. The said Board may also appoint a 
supervisor of the heating, plumbing and ventilation of school 
buildings, to be known as Supervisor of School Buildings, who 
shall, in addition to the supervision of school buildings in re- 
spect to their heating, plumbing and ventilating, perform such 

other duties as the Board may direct. 

Baltimore City v. Lyman, 92 Md. 611. 

SUPERINTENDENT AND ASSISTANT SUPERIN- 
TENDENTS OF PUBLIC INSTRUCTION. 

101. The duties of the Superintendent of Public Instruc- 
tion and Assistant Superintendents of Public Instruction shall 
include the examination of teachers and their nomination to the 
Board of School Commissioners for appointment or promotion, 
and the supervision of schools, and the study and suggestion of 
methods by which the public school system of the City of Balti- 
more may be maintained and improved. They shall hold regu- 
lar meetings as a Board of Superintendents of Public Instruc- 
tion and keep a record of the same, which shall be submitted to 
the Board of School Commissioners. For the work of super- 
vision and examination, standing committees shall be desig- 
nated by the Superintendent of Public Instruction annually. 
Of every such committee, the Superintendent of Public Instruc- 
tion or the First Assistant Superintendent of Public Instruc- 
iton, or both, shall be members ex officio, and the number of 
additional members shall be determined from time to time, as 
circumstances may require. Every school shall be visited at 
frequent intervals by the Superintendent of Public Instruction 
or one of the Assistant Superintendents of Public Instruction, 
and written reports on its condition shall be filed in the office 
of the Superintendent of Public Instruction, with such recom- 
mendations as circumstances may call for. It shall be the duty 
of the Superintendent of Public Instruction and his Assistants, 
to devote their services exclusively to the public schools under 
such regulations as the Board of School Commissioners nia_\ 



112 

prescribe. It shall be the duty of the said Superintendent of 
Public Instruction, with the aid of the Supervisor of School 
Buildings, to ascertain the sanitary condition of every school, 
and to report to the proper authorities what repairs or improve- 
ments are necessary. It shall be the duty of the Superin- 
tendent of Public Instruction and his Assistants, as examiners, 
to ascertain, by appropriate committees, appointed as herein- 
before provided, the training, knowledge, aptness for teaching, 
and character of every future candidate for the place of a 
teacher, and to report to the Board of School Commissioners 
graded lists of those whom they deem qualified for appointment, 
from which graded lists all nominations of teachers shall be 
made by the Superintendent of Public Instruction and his 
Assistants to the Board of School Commissioners. All such 
nominations of teachers shall be made in the order in which the 
names of the nominees appear upon such graded lists. In the 
preparation of these graded lists, the Superintendent of Public 
Instruction and his Assistants shall ascertain by competitive 
examinations the relative qualifications of those candidates who 
desire appointment, and shall place the names of the accepted 
candidates upon said graded Jists in the order of their relative 
qualifications, so ascertained by such competitive examination. 
It shall be their duty to advise the Board of School Commis- 
sioners whenever called upon, or whenever they think it impor- 
tant, in respect to the course of studies, text-books or methods 
of instruction. Wlienever the Superintendent of Public Instruc- 
tion and his Assistants are in doubt what course to pursue, tbey 
shall ask instructions from the Board of School Commissioners, 
to whom they may present a majority and minority report, and 
the decision of the Board of School Commissioners shall be 
final. The Superintendent of Public Instruction and his 
Assistants shall perform such other duties as may be prescribed 
by order of the Board of School Commissioners not inconsistent 
with this Article. 

Baltimore City v. Lyman, 92 Md. 591. 

102, It shall be the duty of the School Visitors, hereinbefore 
provided for, to visit the schools to which they are assigned, and 
to report upon their condition at least once in every quarter, 
and oftener if they think it desirable. In case of an emergency 
requiring attention, they shall immediately notify the Superin- 
tendent of Public Instruction. The said School Visitors may 
be called together by the Board of School Commissioners or the 
Superintendent of Public Instruction whenever the interests of 
the schools require it, or whenever it is thought important for 



113 

the office of a visitor to be defined, the organization of the school 
system to be considered and the characteristics of a good school 
to be clearly, stated to them. They shall perform such other 
duties as the Board of School Commissioners may prescribe, 
not inconsistent with this Article. 

190S, ch. TS. 

102A. There shall be a board to be known as the board of 
trustees of the Teachers' Retirement Fund of Baltimore City, 
to be composed of seven persons, who shall serve without com- 
pensation for their duties as members of said board. The said 
board of trustees shall be composed of the City Comptroller, the 
Superintendent of Public Instruction, two members of the 
Board of School Commissioners, to be elected by said Board of 
School Commissioners annually in the month of November, be- 
ginning in the year 1909, and the members so elected shall be- 
come members of said board of trustees on the fifteenth day of 
January next following the date of their election, provided that 
as soon as practicable after the passage of this Act, the Board 
of School Commissioners shall elect two of its members to serve 
as members of the said board of trustees until the members 
elected in November, 1909, shall become members of said board 
of trustees ; aud three members of the teaching force of Balti- 
more city, who shall be elected in the following manner: On 
the third IMonday of November in each year, beginning in the 
year 1909, the members of the teaching force of Baltimore City 
shall deposit with the said Board of Trustees a sealed ballot 
containing the names of three teachers representing his or lier 
choice for membership of the said board of trustees. The 
Board of Trustees shall examine said ballots and ffive to each 
teacher receiving a vote credit therefor, and the three teachers 
receiving the highest number of votes under the said ballots 
shall become members of the said Board of Trustees on the 
fifteenth day of January next following the date of their elec- 
tion. The Board of Trustees shall publicly announce the result 
of said election not later than the fifteenth day of December 
next following the date said ballots were deposited ; provided, 
however, that on the third Monday of May, 1908, three mem- 
bers of the teachiug force of Baltimore City shall be elected in 
the manner provided, except the said ballots shnll bo deposited 
with the Board of School Commissioners, which Board shall 
examine such ballots and give to each voter receiving a vote 
credit Iherefor, and the three teachers receiving the highest 
number of votes under said ballots shall be members of said 
Board of Triistcos until tlic nicinbers elected in the year 1909 



114 

shall become members of said Board of Trustees. The Board 
of School Commissioners shall publicly announce the result of 
said election not later than June 15, 1908. As soon as practi- 
cable after the passage of this Act the City Comptroller shall 
call a meeting of said Board of Trustees. 

1908, ch. 78. 

102B. The members of the said Board of Trustees shall 
hold office until their successors are elected and become mem- 
bers as provided by the preceding section. In case of a vacancy 
in said Board of Trustees by reason of death, resignation, or 
through any other cause, of a member of the teaching force, the 
Board of Trustees shall elect a member of said teaching force 
as a member of said Board of Trustees for the unexpired term 
of the person who has caused to be such ; in case of a vacancy 
on said Board of Trustees by reason of death, resignation or 
through any other cause, of a member of the Board of School 
Commissioners, the said Board of School Commissioners shall 
forthwith elect one of its members as a member of said Board 
of Trustees for the unexpired term of the person who has 
ceased to be such. 

1908, ch. 78. 

102C. A majority of said Board of Trustees shall consti- 
tute a quorum for the transaction of all business, and the said 
Board shall have full power to make and enforce all by-laws, 
rules and orders that it may deem necessary or appropriate to 
carry out the purposes of this Act, and said Board of Trustees 
may take by gift, grant, devise or bequest, any money, personal 
property, real estate or any interest therein, and any such gift, 
grant, devise or bequest may be absolute, or upon the condition 
that only the rents, profits and income arising from the same 
shall be applied to the uses and purposes of the Teachers' Re- 
tirement Fund, hereinafter mentioned, and said Board shall be 
authorized to take such gift, devise or bequest under and by the 
style of the Board of Trustees of the Teachers' Ketirement 
Fund of Baltimore City, and to hold the same, or assign, trans- 
fer or sell the same, whenever proper and necessary, under and 
by such name. 

• 

1908, ch. 78. 

102D, Said Board of Trustees shall elect from its members 
a president, and shall appoint a secretary and a treasurer, both 
of which offices may be held by the same person, and the said 



115 

Board of Trustees shall have power to appoint such other em- 
■Dlovees as it mav from time to time deem necessary to carry out 
the purposes of this Act, and the said board shall pay to the 
secretary, treasurer and employees such salaries as may be 
fixed by the board ; provided, that the salaries paid to the secre- 
tary, treasurer and such other employees, and the number of 
such other employees shall be subjected to the approval of the 
Board of Estimates. It shall be the duty of the secretary to 
keep a true and accurate account of the proceedings of said 
Board of Trustees when acting upon matters relating to said 
Teachers' Retirement Fund, and he shall perform such other 
duties as the Board of Trustees shall direct. The secretary of 
the Board of School Commissioners of said city shall act as 
assistant secretary of the Board of Trustees with such additional 
compensation therefor as may be fixed and paid by the Board of 
Trustees, with the approval of the Board of Estimates, and it 
shall be his duty to keep a true and correct statement of the 
account of each member with the Teachers' Retirement Fund, 
and to render to the Board of Trustees a monthly account of his 
doings. The treasurer of said Board of Tmstees shall receive, 
hold and keep account of all moneys belonging to the Teachers' 
Retirement Fund ; he shall have the custody of all notes, bonds 
and other securities belonging to said Teachers' Retirement 
Fund, and shall collect the principal and interest of the same, 
but before assuming to act as such treasurer, he shall furnish 
bond in such penalty and with such surety or sureties as the 
Board of Trustees may require, conditioned for the faithful per- 
formance of the duties imnosed upon him by this Act, or that 
may be assigned to him by the Board of Trustees, and for the 
faithful accounting of all moneys and securities, including both 
principal and interest, which may come into his hands and 
which belong to the Teachers' Retirement Fund. Said treas- 
urer, upon the expiration of his term of office, shall account to 
said board for all moneys, notes, bonds and other securities 
coming into his hands, and for the interest, income, profits, 
rentals and proceeds of and from the same, and he shall turn 
over to his successor all moneys, notes, bonds, and other securi- 
ties belonging to said fund. The secretary, assistant secretary 
and treasurer shall make a full, true and accurate account of 
their offices whenever required so to do by the Board of Trustees. 

1908, cli. 7S. 

1021'^. Every teacher who is such at the time of the pas- 
sage of this Act, shall, as soon as practicable thereafter, notify 



116 

the said Board of Trustees, in wi-iting, whether he or she desires 
to accept the advantages of this Act, or any amendments thereto, 
and every such acceptance, when given, shall be irrevocable, and 
no such teacher who does not so accept shall be eligible for 
election to said Board of Trustees nor shall he or she have the 
right to vote for members thereof, and every such teacher who 
shall fail so to accept before January 1, 1909, shall not be 
entitled to any benefits or advantages under this Act, until he 
or she shall have first paid into the Teachers' Retirement Fund 
an amount equal to the assessments he or she would have paid 
into said fund had such acceptance been given on December 31, 
3 908, together with twenty per centum of such amount. 

1908. ch. 78. 

102F. Hereafter the Board of School Commissioners shall 
require all applicants for appointment as teachers to agree, as 
a condition of appointment, to accept and abide by the pro- 
visions of this Act or any amendments thereto, and to pay the 
assessments provided for herein or that may be provided for 
hereafter. 

1908, ch. 78. 

102G. All money, property of any kind or securities that 
may come into the hands of the said Board of Trustees under 
the provisions of this Act, or any amendments thereto, shall be 
known as the Teachers' Retirement Fund, and the said Board 
of Trustees is hereby clothed with full and complete power and 
exclusive control over said fund, and is hereby empowered to 
have, demand, receive, hold, invest and re-invest the same for 
the promotion of the purposes of said fund, which shall consist 
of the following: First, assessments upon the salary of every 
teacher who shall notify the Board of Trustees of his or her 
acceptance of the provisions of this Act and amendments 
thereto, under section 102E, and assessments upon the salary 
of each and every teacher who may be appointed after the date 
of the passage of this Act, as follows: one per centum per 
annum (but not more than $14.40) upon the salary of every 
teacher who shall not have been engaged in excess of ten years 
in the public schools of Baltimore City; one and one-half per 
centum per annum (but not more than $21.60) upon the 
salary of every teacher who shall have been engaged in excess of 
ten years but not more than twenty years in said public schools ; 
and two per centum per annum (but not more than $28.80) 
upon the salary of every teacher who shall have been engaged 



117 

longer than twenty years in said public schools, and the secre- 
tary of the Board of School Commissioners shall prepare 
monthly a roll of assessments and place opposite the name of 
each and every teacher liable thereto one-twelfth of the amount 
of the annual assessment payable by him or her, and shall 
furnish forthwith a copy of such roll to the City Register, and 
the said City Register shall deduct and retain out of the 
monthly salary due to such teacher the amount of such monthly 
assessment, and the sum of such monthly assessments shall be 
immediately paid by the City Register to the said Board of 
Trustees. Second : Sums received from the Mayor and Council 
as follows: In case the Board of Trustees shall deem it ex- 
pedient to have an additional sum to defray its expenses, to pay 
the salaries provided for herein or to add to the Teachers' 
Retirement Fund, the said Board of Trustees shall each year, in 
due time, prepare a full and detailed statement of the assets 
of said Teachers' Retirement Fund, and the additional sum 
which is required to defray said expenses, to pay said salaries 
or to add to the Teachers' Retirement Fund, and send the same 
to the Board of Estimates, as other estimates are sent to it in 
connection with the annual ordinance of estimates, and the 
Board of Estimates is hereby empowered, in its discretion, to 
insert such an appropriation in said ordinance for said pur- 
poses as it may deem proper, and when said appropriation has 
been received the same shall be paid over to the Board of 
Trustees, and the unexpended balance remaining at the end of 
each fiscal year shall be added to the permanent fund in 
accordance with section 102M of this Act. Third : All money, 
property of any kind or securities that may come into the hands 
of said Board of Trustees for the purposes of said Teachers' 
Retirement Fund by gift, grant, devise, bequest or otherwise. 

1908, ch. 78. 

102H. Tbe Board of School Commissioners may retire from 
rcgulai" duty, upon its motion, and shall retire from regular 
duty, upon his or her own motion, in either case the approval 
of the Board of Trustees to be first obtained, any teacher who 
has been such for a period of forty years at the time suc)i appli- 
cation is made, and the teacher so retired, provided he or she 
shall be entitled to the advantages of this Act under section 
102E or 102F hereof, shall receive for life the salary provided 
for by section 102O. Every teacher who is such at the time of 
the passage of this Act, for the purposes of retirement uud'M- 
this section or the next succeeding section, after service of 



118 

twenty years as a member of the teaching force of Baltimore 
City, shall be entitled to full credit for his or her years of 
service as a public school teacher elesewhere. 

190S, ch. 78. 

1021. The Board of School Commissioners shall retire from 
regular duty, upon his or her own application, any teacher wiio 
has been such for a period of twenty years at the time such 
application is made, and who is disabled or incapacitated from 
performing regular duty, provided the Board of Trustees shall 
find such teacher so disabled or incapacitated after an exami- 
nation made by a physician appointed by said Board of 
Trustees, the examination fee or charge to be paid by the 
teacher examined, and the teacher so retired, provided he or 
she shall be entitled to the advantages of this Act under sections 
102E and 102F hereof, shall receive for life a salary of as 
many fortieths of that provided for by section 102O, as he or 
she may have served years at the time of such retiremont, and 
if the Board of School Commissioners shall deem any teacher 
who has been such for a period of twenty years at the time the 
notices herein provided for are given, to be disabled or inca- 
pacitated from performing regular duty, the said Board of 
School Commissioners shall serve written notice to that effect 
upon the said teacher, and the president or secretary of the 
Board of Trustees, and proceedings shall then be had, after the 
notice provided for in section 102K, in accordance with the 
provisions of said section. If the Board of Trustees after such 
proceedings are had, shall find the said teacher to be in;'apaci- 
tated from performing regular duty, the Board of School Com- 
missioners may retire such teacher from regular duty, and such 
teacher, if so retired, shall be entitled to a salary in th'^ ■^nme 
manner and amount as if he or she had been retired upon his 
or her own application under this section. 

1908, ch. 78. 

102J. Unless teachers who may be retired under the two 
preceding sections, shall have paid into said Teachers' Retire- 
ment Fund, by way of assessment or otherwise, an amount 
equal at least to that which he or she shall be entitled to vecr-ive 
as a salary for the first year of retirement, the said Board of 
Trustees shall deduct one-fifth of the deficiency thereof from the 
amount of said salary for each of the first five years that the 
same may be payable. 



119 



1908, ch. 78. 



102K. After any teacher shall have been retired under 
section 1021, the Board of Trustees shall have the right at any 
time to cause such teacher again to be brought before it and 
examined by its physician, and also to examine other witnesses 
for the purpose of ascertaining whether such teacher shall re- 
main on the retired roll. The fee or charge of the examining 
physician shall be paid by the Board of Trustees. Such teacher 
shall be entitled to at least thirty days' notice, and to be present 
at the hearing of any such evidence, shall be permitted to pro- 
pound any question pertinent or relative to such matter, and 
shall have the right to introduce evidence upon his or her own 
behalf. Such teacher and all witnesses shall be examined under 
oath, and any member of said Board of Trustees is hereby 
authorized and empowered to administer such oath. If the 
Board of Trustees shall find such teacher qualified for regiilar 
duty, he or she shall report to the Superintendent of Public 
Instruction of said city whenever required so to do by the Board 
of Trustees, and said Superintendent shall assign such teacher 
to such service or employment as may be within his or her 
power to perform, in the judgment of such Superintendent and 
of the examining physician employed by said Board of Trustees. 
During the time of such employment such teacher shall receive 
the regular salary therefor, and shall cease to be entitled to 
any pa^Tnent out of said fund because of the disability or inca- 
pacity, on account of which such teacher was originally retired. 
Any teacher who may be retired under section 1021 and re- 
assigned for active duty under this section, for the purposes of 
later retirement under this Act, shall be considered as having 
been in active service during the period of the former retire- 
ment. 

1908, ch. 78. 

102 L Every teacher retired under the provisions of this 
Act shall continue as an employee of the Mayor and City 
Council, but shall be compensated from the Teachers' Retire- 
ment Fund, as provided for in this Act, and it shall be the duty 
of any teacher so retired to render, without extra compensation, 
such teaching services and at such times as the Board of School 
Commissioners shall direct, provided the Board of School Com- 
missioners shall not direct any such retired teacher to perform 
any teaching sei-vices except such as the Board of Trustees may 
certify to the Ijoard of School Commissioners to l)e within the 
reasonable physical power of such retired teacher, and provided 



120 

further, that no such retired teacher shall be required to render 
teaching service for a longer period than 15 days in any school 
year. 

1908, ch. 78. 

102M. The Board of Trustees shall establish a permanent 
fund to the credit of which shall be put and deposited all gifts, 
grants, devises and bequests, all other receipts for the first two 
years during which this Act shall have become operative, except 
so much of such receipts as the Board of Trustees may require 
during said two years to defray its expenses, and the unex- 
pended balance remaining at the end of each fiscal year there- 
after. And no part thereof shall be expended except the inter- 
est and income thereof and therefrom ; provided, however, that 
one-half of the amount added to such permanent fund during 
any year may be used, if necessary, during the year imme- 
diately following. 

1908, ch. 78. 

102]Sr. This Act shall not affect in anv wav the power of 
the Board of School Commissioners to remove teachers from 
service under the laws now in force. 

1908, ch. 78. 

102O. Upon the retirement of any teacher under section 
102H, the person so retired shall be entitled to receive a salary 
for life out of the Teachers' Retirement Fund equal to one-half 
of his or her average annual salary for the five years imme- 
diately preceding retirement, but no salary of any teacher .shall 
be less than $360, nor greater than $600 per annum, and the 
Board of Trustees, subject to such reasonable rules or regula- 
tions as the board may adopt, shall pay the salaries to the 
persons entitled thereto under this section and sections 102H 
and 1021. 

1908, ch. 78. 

102P. Any teacher who shall cease to be such before receiv- 
ing any benefits from said Teachers' Retirement Fund shall be 
entitled to the return o:^ one-half of the amount without interest, 
which shall have been paid into said Teachers' Retirement 
Fund by such teacher; provided, however, should such teacliei 
thereafter again teach in the public schools of said city, such 
teacher shall repay to said Teachers' Retirement Fund the 
amount so returned to such teachers, wathin one year from the 



121 

date of his or her return to service in the schools, and upon such 
repayment being made he or she shall be entitled to credit the 
length of time of the former service. And should any teacher 
die before receiving any of the benefits by this Act provided, the 
Board of Trustees shall pay to such teacher's estate one-half the 
amount, without interest, which shall have been paid into said 
Teachers' Retirement Fund by said teacher. 

1908, ch. 78. 

102Q. No salary of any kind whatsoever provided for in 
this Act shall be payable or paid during the first two years 
during which said Act shall become operative; provided fur- 
ther, should any contributors to said Teachers' Retirement 
Fund make application for retirement under the provisions of 
this Act during said two years, his or her name shall be placed 
upon a waiting list, and he or she shall be retired in the order 
of his or her application when said two years shall have expired, 
but no teacher shall be retired by the Board of School Commis- 
sioners under this Act until after the expiration of said two 
years. 

1908, ch. 78. 

102R. The said Teachers' Retirement Fund and all salaries 
granted and payable out of the same shall be and are exempt 
from seizure or levy under attachment, execution, supplemental 
process and all other process ; and such salaries or any payment 
of the same shall not be subject to sale, assignment or transfer 
by any beneficiary, and any such sale, assignment or transfer 
of the same shall be absolutely void. 

1908, ch. 78. 

102S. The terms "teachers" and "members of the teaching 
force of Baltimore City," as used in this Act, shall mean and 
include any superintendent, principal, vice-principal, assistant 
superintendent, supervisor, assistant supervisor, person in 
charge of any special department of instruction and any teacher 
or instructor regularly employed as such by the Board of 
School Commissioners of said city. 

DEPARTMENT OF CHARITIES AND CORRECTIONS. 

103. There shall be a Department of Charities and Correc- 
tions of the Mayor and City Council of Baltimore, which shall 
consist of the Supervisors of City Charities and the Visitors to 
the City Jail. The head of the Department of Charities aiid 



122 

Corrections shall be a Board of Charities and Corrections 
composed of the President and one other of the Supervisors of 
City Charities, the President and one other of the Visitors to 
the City Jail, and the Mayor ex officio. The Supervisors of 
City Charities and the Visitors to the City Jail shall each desig- 
nate their representative member. The President of the Super- 
visors of City Charities shall be President of the Board of 
Charities and Corrections. This Board shall be for consulta- 
tion and advice, but it shall have no power to direct or control 
the duties or work of any sub-department under this depart- 
ment. It shall perform such other duties as may be required 
of it by ordinances not inconsistent with this Article. 

SUPEKVISORS OF CITY CHARITIES. 

104. The Supervisors of City Charities shall be the first sub- 
department of Charities and Corrections, and the head of this 
sub-department shall be a board composed of nine persons, 
appointed by the Mayor as provided in section 25 of this 
Article, who shall be removable as therein provided. Their 
term of office shall be for six years, three of them to retire at 
the end of every two years; except that the Supervisors first 
appointed shall determine by lot their terms of office, so as to 
provide for the termination of the term of three Supervisors 
each at the end of the first two and four years. The said 
Supervisors shall have been citizens of Maryland for at least 
five years, and residents of the City of Baltimore for at least one 
year prior to their nomination. The Mayor, in the appoint- 
ment of said Supervisors, shall designate one of their number as 
President, and the Supervisors shall elect a Secretary, who shall 
be paid a salary of one thousand five hundred dollars per 
annum, payable monthly, and shall discharge such duties as the 
Supervisors shall prescribe. The said Supervisors shall serve 
without pay. They shall be appointed by the Mayor from 
among those whom he deems, by reason of their intelligence, 
experience and character, to be most capable of caring for the 
poor, economically, intelligently and humanely. In the selec- 
tion of said Supervisors and in their action, in matters relating 
to the duties imposed upon them by law or ordinance, ecclesi- 
astical or party ties shall not be regarded, so that the care of the 
poor may be entirely out of the field of political or religious 
differences and controversies. The duty of said Supervisors 
shall be to determine what sick, insane or other destitute persons 
are proper charges on the city, and to provide for the proper 
care of such persons, in so far as money may be appropriated 



123 

for that purpose bj the city. The Supervisors shall have the 
power to appoint and fix the compensation of such officials and 
subordinate employees as they may deem necessary for the 
proper conduct of the business entrusted to them, not to exceed 
in number of employees or aggregate amount in compensation 
the limit fixed by ordinance. The Supervisors shall report 
annually to the city upon all departments of their work, includ- 
ing the work of those institutions with which the city has con- 
tracted for the care of any poor persons, and they shall perform 
all the duties heretofore performed by the Trustees of the Poor 
unless otherwise provided in this Article. 

1914, ch. 343. 

104A. The Supervisors of City Charities shall also have 
super\'ision over those persons committed to the criminal, penal 
and reformatory institutions with which the Mayor and City 
Council of Baltimore have contracts, and shall perform such 
other duties as may be prescribed by ordinance, not inconsistent 
with this Article. 

105. All appropriations by the Mayor and City Council of 
Baltimore for the treatment, care or support of the indigent 
poor in institutions not owned by the city, or for dispensary 
treatment shall be by contract, in which the city shall agree to 
pay so much per capita for persons placed, treated or prescribed 
for in such institutions or dispensaries so contracting with the 
city, and in no case shall a gross sum be paid to any such insti- 
tution or dispensary. Every such contract shall contain a stipu- 
lation that the city shall incur no obligation therefrom for any 
amount not provided for or in excess of the appropriation made 
for the fiscal year in carrying out such contract. No public 
moneys shall be paid to any institution or dispensary for the 
treatment, care or support of any person until the said Super- 
visors have determined and certified in writing that such person 
is a proper subject of municipal aid. 

In connection with appropriations by the Mayor and City Council 
of Baltimore for treatment, care or support of indigent poor, in institu- 
tions not owned by the city, see, 

St. Mary's Indus. School v. Brown, 45 Md. 334. 

106. ISTo appropriation shall be made or money expended for 
the maintenance, outside of the Almshouse or other city home, 
of any adult poor person or persons, except the sick, insane or 
other special classes requiring special treatment, or homeless 
perisons requiring temporary care only; provided, the city has 
adequate accommodations at the Almshouse or other city home. 



124 

All poor persons who, in the judgment of said Supervisors, 
require special care or treatment outside of a city institution, 
maj be placed by said Supervisors in any institution or institu- 
tions with w^hich the city has contracted for such care or treat- 
ment, which they, in the exercise of their judgment, after care- 
ful inspection and inquiry, shall deem best fitted to give the 
necessary care and treatment. 

In connection with section 106, see provisions of Act. 1906, chapter 
32 which re-enacts Article 4 of the Public General Laws of Maryland. 

107. The Mayor and City Council of Baltimore, through 
the said Supervisors, shall have care and supervision over such 
children as shall be committed to or placed in those institutions 
with which the city may have contracted and as shall have been 
duly accepted by said Supervisors as proper charges on the city. 
Said Supervisors shall have power to remove any child from 
any such institution to which he or she has been committed or 
placed, and to place said child in any other such institution, 
when it is apparent to the Supervisors that from improper 
treatment or for other good cause, the welfare of the child 
requires such removal. No such child shall be discharged from 
the institution to which he or she shall have been committed or 
placed (unless by direction of a court of competent jurisdic- 
tion), or be transferred to any other institutioji, or to the care 
of any individual, without the approval and consent of the said 
Supervisors. It shall be the duty of the Supervisors, as far as 
is practicable, to place all destitute or neglected children who 
are under their care or in their charge, in some institution or 
home for children, or, without payment of board in some re- 
spectable family in the State of Maryland, and to have the 
children visited, and their circumstances carefully examined at 
least once in every six months by one of the Supervisors or by a 
skilled agent or agents appointed by them for the purpose. On 
the preliminary question of the commitment of any destitute or 
neglected child, said Supervisors, or their agent, shall be sum- 
moned by the committing officer and heard as to whether the 
parent or guardian of the child to be committed is entitled to 
the aid of the city, and if on return of the summons of the said 
Supervisors, or their agent, further time is required by them, 
or him, to make inquiry as to the pecuniary ability of said 
parent or guardian further time, not exceeding twenty-four 
hours, shall be given. The wish and request of the parent or 
guardian as to the place of commitment shall be respected, 
unless good cause to the contrary be shoMru by the Supervisors. 



125 

The Supervisors of City Charities shall have power to place 
foundlings in any proper institution with which the city has a 
contract. 

P. L. L., (1860) Art. 4, sec. 42. P. L. L., (1888) Art. 4, sec. 39. 

108. The Supervisors may admit into the Almshouse and 
receive under their care, in addition to those paupers v/hich the 
laws of this State authorize and require, such indigent or dis- 
tressed persons as in their opinion the dictates of humanity or 
particular circumstances render proper or necessary. In cases 
of emergency any Supervisor may direct the admission of any 
destitute, indigent or distressed person to the Almshouse. 

P. L. L., (1860) Art. 4, sec. 43. P. L. L., (1888) Art. 4, see. 40. 

109. The Supervisors shall prescribe, provide for, and direct 
all matters relating to the support, treatment and employment 
of all paupers, vagrants and other persons in the Almshouse, 
or any other place under their care and charge. 

P. L. L., (1860) Art. 4, see. 44. P. L. L., (1888) Art. 4, sec. 41. 

110. The Supervisors shall procure, or erect and use all 
such machinery, materials and implements as they shall think 
proper or necessary for any purpose connected with their duties 
or the exercise of the powers vested in them. 

P. L. L., (I860) Art. 4, sec. 57. P. L. L., (1888) Art. 4, sec. 53. 

111. The Supervisors shall meet at the Almshouse five times 
in the year, to wit : in the first week of February, April, June, 
October and December, or oftener, if they shall deem it neces- 
sary; and shall make by a majority of votes of such as may be 
present, all such good and wholesome rules and by-laws as they 
may think necessary and convenient for the maintenance and 
employment of the inmates of said Almshouse. 

P. L. L., (I860) Art. 4, sec. 58. 1862, ch. 279. P. L. L., (1888) 

Art, 4, sec. 54. 

112. Upon complaint made to the Supervisors by the Super- 
intendent of said Almshouse, and due proof thereof, that any 
pauper in said Almshouse has behaved in a disorderly manner, 
or has neglected to obey and keep any of the rules and by-laws, 
the Supervisors may order and direct such moderate and proper 
correction for any such oifence as the nature of the case may 
require. 



126 
SUPERINTENDENT OF ALMSHOUSE. 

p. L. L., (1860) Art. 4, sees. 49, 51. P. L. L., (1888) Art. 4, sees. 46, 47. 

113. The Supei'visors shall meet at the Almshouse on the 
first Monday of April, yearly, and appoint a Superintendent of 
said Almshouse, who shall receive a salary of one thousand six 
hundred dollars per annum, payable monthly. They shall require 
such Superintendent to enter into bond with sufficient security, 
payable to the Mayor and City Council of Baltimore, in the 
penalty of five hundred dollars, for the faithful performance of 
the duties of his office. 

P. L. L., (I860) Art. 4, see. 52. P. L. L., (1888) Art. 4, sec. 48. 

114. In addition to such other duties as the Supervisors 
may prescribe, the Superintendent shall keep a regular list of 
all poor, beggars, vagrants, vagabonds and offenders who shall 
be committed to said Almshouse, and also regulate accounts, 
in writing, of all materials and other things which may come 
to his hands, and of all expenses and charges attending their 
maintenance and support, and of all moneys received by him 
for the sale of the produce of their labor, and otherwise, as 
Superintendent, and shall lay the same before the Supervisors 
annually and whenever required. 

PURVEYOR OF PROVISIONS. 

p. L. L., (1860) Art. 4, sec. 46. P. L. L., (1888) Art. 4, sec. 43. 

115. The Supervisors may appoint a Purveyor of Provi- 
sions to said Almshouse, and fix his salary at a sum not to ex- 
ceed fifteen hundred dollars per annum. It shall be the duty 
of said Purveyor to provide and furnish provisions to said 
Almshouse under the directions of said Supervisors, to whom he 
shall annually return a statement or account of his receipts and 
expenditures, to be examined and passed at their discretion. 

P. L. L., (1860) Art. 4, sec. 47. P. L. L., (1888) Art. 4, sec. 44. 

116. The Supervisors shall require the said Purveyor to 
give bond and security to be approved by them, and in such 
penalty as they shall direct, conditioned for the faithful per- 
formance of the trusts reposed in him, and upon failure to com- 
ply with the conditions thereof, they may direct said bonds to 
be put in suit, and any sum of money recovered in such suits 
shall be applied to the use of said Almshouse. 

117. None of the foregoing provisions in sections 104 to 
116 inclusive, shall apply to offenders, juvenile or adult. 



127 
VISITORS OF THE JAIL. 

1826, ch. 224. 1831, ch. 58. 1868, ch. 3. P. L. L., (1888) Art. 4, sec. 535. 

1914, ch. 343. 

118. The Visitors of the Jail shall be the second sub-de- 
partment of Charities and Corrections, and the head of this 
sub-department shall be a board consisting of nine persons, ap- 
pointed by the Mayor in the manner prescribed in section 25 
of this Article, who shall hold their offices as therein provided. 
They shall serve without pay. One of their number shall be 
designated by the Mayor, who shall be President of said Visi- 
tors, and the said Visitors shall elect from their number a Sec- 
retary. The Visitors to the Jail shall have charge and con- 
trol, supervision and regulation of the Baltimore City Jail and 
all reformatory, criminal and penal institutions belonging to 
the city. The Visitors to the Jail shall have the power to pass 
rules and regulations for their own government and for the gov- 
ernment of the Baltimore City Jail and the aforesaid institu- 
tions belonging to the city, not inconsistent with this Article, 
and shall perform such other duties as may be required of them 
by ordinances not inconsistent with this Article. 

Field V. Malster, 88 Md. 691. Beasley v. Ridout, 94 Md. 675. (This 
case construes Acts of Assembly relating to Visitors of the Jail.) 

P. L. L., (1860) Art. 4, sec. 574. P. L. L., (1888) Art. 4, sec. 541. 

119. The said Visitors shall meet on the first Tuesday of 
every month or at such other times as they may direct ; special 
meetings may be called at any time by the President, or any 
two members, on giving three days' notice in writing to the 
members. 

1831, ch. 58. P. L. L., (1860) Art. 4, sec. 575. P. L. L., (188S) 

Art. 4, sec. 542. 

120. The said Visitors shall have full power and authority, 
as often as they may deem it necessary, to visit the jail and 
the prisoners confined therein ; to make by-laws for the internal 
police and good government thereof, and for the preservation 
of the buildings and other property. 

1898, ch. 412. 

120a. Whenever the Board of Visitors of the Baltimore 
City Jail may deem it necessary, they shall have full power to 
summon the State Lunacy Commission to examine and pass 
upon the mental condition of the convicts, and if the; convict or 
convicts so exaniiufd be adjudged insane or luiuitic by said 



128 

commission, or a majority thereof, and removal be deemed ad- 
visible, said commission shall make a complaint to the judge 
of the Criminal Court of the City of Baltimore, who shall have 
the power to order the removal of such insane or lunatic con- 
vict or convicts to the Bay View Asylum for treatment. 

P. L. L., (1860) Art. 4, sec. 576. P. L. L., (1888) Art. 4, sec. 543. 

121. The said Visitors shall regulate and provide the diet 
of the prisoners, procure necessary bedding and clothing for 
their use; make such repairs, alterations and improvements 
in and about the jail as they may deem necessary, and provide 
medicine and attendance for such of the prisoners as are sick. 

1884, ch. 368. P. L. L., (1888) Art 4, sec. 544. 

122. All persons confined in Baltimore City Jail, under sen- 
tence of the Criminal Court of Baltimore, for offences punisha- 
ble by confinement therein, or committed by any Judge, Court, 
Justice of the Peace, or other lawful authority having jurisdic- 
tion to commit such person to said jail, either as a punishment 
for the violation of any law or ordinance, or under or by virture 
of any law or ordinance, or for failure to pay any fine or costs 
imposed upon such person by any such Judge, Court, Justice 
of the Peace or other lawful authority, shall be kept by tlie 
Visitors to the Jail at hard labor in some useful employment. 
The said Visitors to the Jail shall frame such regulations as 
shall be necessary to the industry, quiet and discipline of such 
persons, and shall have them kept separate from persons in 
confinement awaiting trial, or for other causes. 

P. L. L., (1860) Art. 4, sec. 578. P. L. L., (1888) Art. 4, sec. 545. 

123. The said Visitors shall also reciuire all vagrants con- 
fined in said jail to work and labor about the premises. 

P. L. L., (I860) Art. 4, sec. 579. P. L. L., (1888) Art. 4, sec. 516. 

124. The said Visitors mtiy, with their consent, employ 

other persons confined therein in such work and labor in and 

about the premises as may be consistent with their safe-keeping, 

and shall keep an account of the earnings of such persons, and 

shall, upon their discharge, allow them two-thirds of the net 

proceeds thereof, to be ascertained by the Visitors. 

Section 1 of the Act of 1906, ch. 71, reads as follows : 

"Be it enacted by the General Assembly of Maryland that the Visitors 

of the Jail in Baltimore City, be and they are hereby unconditionally 

authorized and empowered to contract, upon such terms as to price or 

otherwise as they may deem expedient or proper, with any person or 



129 

corporation, in their discretion, for the erection at the Baltimore City 
Jail of a workshop for its uses; provided that the cost of erecting said 
workshop shall be paid for by the hire to the contractor, as now author- 
ized by law, and as fixed in amount or otherwise by the said visitors, in 
their discretion, of inmates of said Jail." 

P. L. L., (1860) Art. 4, sec. 5S0. P. L. L., (1888) Art. 4, sec. 547. 

125. The said Visitors shall keep regular books of accounts, 
iu which the whole expenses of the jail, whether for supplies, 
salaries of officers, repairs or incidentals, shall be distinctly 
stated. 

WARDEN OF JAIL. 

1826, eh. 224. 1831, ch. 58. P. L. L., (1860) Art. 4, sec. 581. 
P. L. L., (1888) Art. 4, sec. 548. 

126. The said Visitors shall appoint a fit person as Warden 
of the Baltimore City Jail. They shall allow the said Warden 
and his assistants and other employees and servants such com- 
pensation as in their judgment is proper, not to exceed in the 
aggregate the amount appropriated by ordinance. The said 
Visitors shall at their will and pleasure remove the said War- 
den. 

P. L. L., (1860) Art. 4, sec. 581. P. L. L., (1888) Art. 4, sec. 548. 

127. It shall be the duty of the Warden of the Baltimore 
City Jail to take charge of the prison and prisoners therein, 
and exercise, during his continuance in office, the same powers, 
and be subject to the same forfeitures, and be responsible for 
escapes in the same manner, and to the same extent, as sheriffs 
of the respective counties, and he shall perform such other 
duties as shall be required of him by said Visitors. 

1826, ch. 224. 1831, ch. 58. P. L. L., (1860) Art. 4, sec. 583, 
P. L. L., (1888) Art. 4, sec. 550. 

128. The said Warden, before he enters upon the duties 
of his office shall give bond to the State with good security to 
be approved by the Visitors, in the penalty of ten thousand dol- 
lars, conditioned for the faithful performance of his duty as 
Warden, and for the safe-keeping of all such persons as shall be 
committed by legal authority to the Baltimore City Jail, which 
bond shall be filed with the Comptroller. 

1831, ch. 58. P. L. L., (1860) Art. 4, sec. 584. P. L. lu, (18SS) 

Art. 4, sec. 551. 

129. The said Warden shall also take and subscribe; an (tath 
0) 



130 

that he will duly and faithfully execute the duties aud trusts, 
and exercise the powers committed to and vested in him as 
Warden of the Baltimore City Jail. 

1826, ch. 224. P. L. L., (1860) Art. 4, sec. 585. P. L. L., (1888) 

Art. 4, sec. 552. 

130. The Visitors shall prescribe the number and duties of 
the assistants who may be necessary to be employed by said 
Warden, but the Warden shall have the appointment and re- 
moval of such assistants, subject to the approval of the Visitors, 
and shall fix their compensation, not to exceed in the aggregate 
the amount appropriated by ordinance. 

1826, ch. 224. P. L. L., (1860) Art. 4, sec. 586. P. L. L., (1888) 

Art. 4, sec. 553. 

131. All commitments of prisoners to the Baltimore City 
Jail shall be directed to the Warden of said jail, whose duty it 
shall be to receive the prisoners from the officers having them 
in charge. 

1826, ch. 224. 1831, ch. 58. P. L. L., (1860) Art. 4, sec. 587. 
P. L. L., (1888) Art. 4, sec. 554. 

132. The Warden shall conduct all prisoners in his custody 
to and from the courts, when the said courts shall direct him 
to do so. 

1831, ch. 58. P. L. L., (1860) Art. 4, sec. 588. P. L. L., (1888) 

Art. 4, sec. 555. 

133. The Warden shall account with the Visitors for all 
sums of money which he may collect from any source connected 
with the institution. 

1831, ch. 58. P. L. L., (1860) Art. 4, sec. 591. P. L. L., (1888) 

Art. 4, sec. 558. 

134. The Visitors shall annually, during the month of Jan- 
uary, make out and lay before the Mayor and City Council 
of Baltimore a full statement of all the public money received 
by them from the City Register or from any other source, and 
the manner in which it has been expended. 

P. L. L., (1860) Art. 4, sees. 592, 593. P. L. L., (1888) Art. 4, sees. 559, 560. 

135. No spirituous or malt liquors shall be disposed of, sold 
or given away within said jail, and any employee or servant of 
said jail disposing of, selling or giving away, or being con- 
cerned with others in the disposal, selling or giving away of 



131 

anv spirituous or malt liquors as aforesaid to any person com- 
ing to said jail on a visit, or to any prisoner confined therein, 
or to any other person, except by order of the attending physi- 
cian, shall forfeit and pay the sum of one hundred dollars, to be 
recovered by indictment, one-half to go to the informer, and 
the other half to be applied to the use of the city. 

P. L. L., (1860) Art. 4, sees. 595, 596. P. L. L., (1888) Art. 4, 

sees. 561. 562. 

136. If the Warden or his Assistants, or any employee or 
servant of said jail, shall introduce any such spirituous or malt 
liquors, or suffer them to be introduced as aforesaid, knowing 
it to be contrary to law; or shall permit any person (with the 
exception of the attorney of a person confined in said prison) 
to enter said jail without license, as herein provided, each and 
every one of them so offending shall be suspended from his 
office and be incapable of holding any office or charge within 
said prison for the space of one year thereafter. 

P. L. L., (1860) Art. 4, sec. 594. P. L. L., (1888) Art. 4, sec. 563. 

137. 1^0 person, except the attorney of a prisoner, shall be 
permitted to visit a prisoner within said jail or lot, unless by 
special license from the Warden, or some Judge, or other person 
legally authorized to give the same. 

P. L. L., (1860) Art. 4, sec. 598. P. L. L., (1888) Art. 4, sees. 564, 565. 

138. All persons hereafter sentenced to be imprisoned in 
said jail for offences by the Criminal Court of Baltimore shall 
be kept on prison fare, and not be allowed any other food or 
drink, unless by the written direction of the physician of the 
iail. 

CONVICTS. 

1880, ch. 4. P. L. L., (1888) Art. 4, sec. 568. 

139. All persons who shall hereafter be convicted of any 
offense punishable by confinement in said Baltimore City Jail, 
and confined in said jail under a sentence for a longer period 
than two calendar months, shall each have a deduction from 
their several terms of sentence of five days for each and every 
calendar month during which no charge of misconduct shall 
have been sustained against them, and they sliall be discharged 
at tlie expiration of their respective terms of senten(!e, less the 
time so deducted, and a certificate of the Warden of said Jail 
of such deduction shall be entered on the warrant of com- 



132 

mitment ; provided, that if, during the term of imprisonment, 
the prisoner shall commit any act of insubordination or other 
violation of discipline, the Visitors to the Jail may, at their 
discretion, reduce and annul entirely such deductions. 

P. L. L., (1860) Art. 4, sec. 159. P. L. L., (1888) Art. 4,. sec. 569. 

140. All persons confined in said jail under the provisions 
of the preceding section shall be kept separate from such per- 
sons as are in confinement for offenses other than those re- 
ferred to in the preceding section, or who may be awaiting trial. 

VAGEAl^TS. 

1862, ch. 8. P. L. L., (1888) Art. 4. sec. 570. 

141. The Warden of the Baltimore City Jail shall prepare 
and send to the Judge of the Criminal Court of Baltimore, on 
each and every Saturday, a full and complete list of the 
names of all persons who are committed to his custody by the 
Justices of the Peace of said city, either as vagrants or in 
default of security to keep the peace ; and the Judge of the said 
Court shall have full power to review the said commitments; 
and upon examination of the various cases so reported to him 
by the Warden of the Jail as aforesaid, he shall discharge or 
recommit the said parties for a term not to exceed six months, 
as in his discretion may be most conducive to the preservation of 
public peace and order. The Justices of the Peace of the City 
of Baltimore are prohibited from charging costs in the cases 
above named, unless the parties are recommitted by order of the 
Judge of said Court. 

1880, ch. 51. P. L. L., (1888) Art. 4, sec. 571. 

142. When any person arrested in the City of Baltimore 
shall be held in custody until such person can give security to 
keep the peace, or shall be committed to jail or the House of 
Correction in default of such security, such person shall be 
chargeable with and shall pay all costs prescribed by the laws 
of this State for such arrest, commitment, or giving security to 
keep the peace, and in default of the payment thereof shall 
be committed to jail until such costs and the costs of his release 
shall be paid, or until thence discharged by due course of law: 
and said costs shall be accounted for and paid over by said 
respective Justices of the Peace so sitting at the respective sta- 
tion houses in the manner in which all costs paid to such Justices 
of the Peace so respectively sitting at such station houses in the 



133 

City of Baltimore, are now or may hereafter be required by law 
to be accounted for and paid over. 

1886, ch. 373. P. L. L., (1888) Art. 4, sec. 572. 

143. Whenever any person has been committed to the Bal- 
timore City Jail on the charge of drunkenness or disorderly 
conduct, and he is deemed by the physician in charge of said 
jail a proper subject for the Almshouse, the Visitors to the Jail 
shall have power to transfer said person to said Almshouse. 

1886, ch. 373. P. L. L., (1888) Art. 4, sec. 573. 

144. Whenever any person has been committed to the Bal- 
timore City Jail on the charge of drunkenness or disorderly 
conduct who is affected with any form of disease that in the 
judgment of the physician of said jail would require a longer 
time than the term of sentence to cure, or in any .case where the 
accommodation, comfort, care and nursing cannot be furnished 
by the said jail, or in case of any person who may be insane 
at the time of committal, or become insane during the term for 
which committed, the said Visitors to the Jail shall have the 
power to release and send such person to his or her home, or to 
some infirmary, hospital or to the Almshouse^, where provision 
has been made by the City of Baltimore for the reception of 
such cases. 

M. & C. C. of Baltimore v. Keeley Institute, 81 Md. 106. 

DEPARTMENT OF REVIEW AND ASSESSMENT. 

145. There shall be a Department of Review and Assess- 
ment of the Mayor and City Council of Baltimore, composed 
of the x^ppeal Tax Court and the Commissioners for Opening- 
Streets. The head of this department shall be the Board of 
Review and Assessment, to consist of the President of the Ap- 
peal Tax Court, the President of the Commissioners for Open- 
ing Streets, and the Mayor ex officio. The President of the said 
Court shall be the President of the Board of Review and As- 
sessment. This Board shall be for consultation and advice, but 
it shall have no power to direct or control either sub-department. 
It shall perform such duties as may be prescribed by ordinances 
not inconsistent with this Article. 

APPEAL TAX COURT. 

1H74, oh. 483. 1888, ch. 98, sec. 22. P. L. L.. (1888) Art. 4, Sec. 842. 

146. The Appeal Tax Court shall be the first sub-depart- 



134 

ment of Review and Assessment, and its head shall be a bench 
composed of three members, appointed by the Mayor in the man- 
ner prescribed in section 25 of this Article, and removable as 
therein provided. One of their number shall be President, and 
shall be so designated when appointed by the Mayor. Their 
term of office shall be for three years, one member to retire every 
year ; except that the members of the Court first appointed shall 
determine by lot their terms of office, so as to provide for the 
termination of the term of one member each at the end of the 
first and second years. Each member of said Court shall receive 
a salary of two thousand dollars per annum, payable monthly. 
The said Court shall appoint a Clerk, who shall receive a salary 
of one thousand six hundred dollars per annum, payable 
monthly, and shall perform such duties as the Court may pre- 
scribe. The said Court may also appoint such other employees 
as the city by ordinance may direct. 

Baltimore City v. Johnson, 96 Md. 742. Joesting v. Baltimore City, 
97 Md. 596. 

1874, ch. 483. 1888, ch. 98, sec. 22. P. L. L., (1888) Art. 4, see. 842. 

147. The said Court shall meet from time to time for the 
purpose of hearing appeals and making transfers and correcting 
the accounts of assessable property charged to taxpayers, and 
the assessment thereof. The said Court may also appoint such 
number of assessors as they may deem necessary in investigating 
and ascertaining all omitted and taxable property, and assessing 
and returning the same to the said Court, not to exceed such 
number as by ordinance may be authorized. 

Robinson v. Baltimore, 93 Md. 208. 
The Appeal Tax Court cannot be required to sit as a Court of review. 

Consol. Gas Co. v. Baltimore, 101 Md. 541. 
Many of the provisions of this Article relating to assessments have 
been embodied from Art. 50, City Code (1893). 

1841, ch. 23, sec. 43. 1841, ch. 116. 1847, ch. 266, sec. 16. P. G. L., 

(1860) Art. 81, sec. 7. 1874, ch. 483, sec. 5. P. G. L., (1888) 

Art. 81, sec. 6. 1894, ch. 165. P. G. L., (1904) 

Art. 81, sec. 7. 

148. Every assessor provided for in this sub-division of this 
Article shall annually inform himself, by all lawful means, 
of all property, real and personal, and stocks or investments 
in the city, liable to taxation or assessment, and which may 
have been omitted in the assessment, and all buildings and im- 
provements, and all property created or acquired since the last 
assessment, and shall value the same at the full cash value there- 
of, and shall make return thereof to said Court, and for the pur- 



135 

poses of this section the said assessors are hereby clothed with 
the powers of general assessors, and their valuation shall be 
subject to revision and correction by said Court. 

O'Neal V. Va. & Md. Bridge Co., IS Md. 24. Co. Commr's v. Union 
Mining Co., 61 Md. 547. Hopkins v. Baker, 78 Md. 363. Hopkins v. 
Van Wyck. SO Md. 7. Skinner Dry Dock Co. v. Balto. City, 96 Md. 40. 
Consol. Gas Co. v. Baltimore City, 101 Md. 541. 

The life tenant is responsible for taxes, Stansbury v. Nicholl, Daily 
Record, Aug. 2, 1901. 

1841, ch. 266, sec. 16. P. G. L., (1860) Art. 81, sec. 8. 1874, ch. 483, 

sec. 6. P. G. L., (1888) Art. 81, sec. 7. 

P. G. L., (1904) Art. 81, sec. 8. 

149. The assessors shall be allowed such compensation for 
the performance of their duties as the citv may by ordinance 
direct. 

1880, cli. 230. P. L. L., (1888) Art. 4, sec. 843. 

150. Before increasing the assessment of any property which 
has been theretofore asssessed, or adding any new property not 
valued and returned to them by the proper assessor, it shall be 
the duty of the said Court, as the case may be, to notify the 
owner of such property by written or printed summons, con- 
taining such interrogatories in regard to the property as they 
may require to be answered on oath, and appointing a certain 
day for such owner to answer such interrogatories, either orally 
or in writing, and to make such statement, or present such proof 
as he may desire in the premises; and such notice shall be 
served on such owner or left at his place of abode at least five 
days before the day of hearing appointed in such summons. 
Such owner may answer the interrogatories contained in such 
summons, and may appear on such return day and answer the 
same under oath, orally, before said Court, and may present 
such testimony as he may desire and said Court may think 
necessary and proper to be heard. In case such owner, after 
being summoned, shall fail to answer in writing on oath, or to 
appear and answer orally such interrogatories, such Court, after 
such return day has passed, may proceed to re-value and re- 
assess said property, or add such new property, according to its 
best judgment and information in the premises; but no such 
re-valuation and re-assessment shall be made by such Court 
without giving such notice ; provided, that nothing in this section 
shall be construed to apcly to the valuation and assessment of 
now improvements or new property discovered and assessed 
and returned to the said Court by the proper assessor whose duty 
it is to assess and return the same. 



136 

Co. Comm'rs v. Union Mining Co., 61 Md. 546. Allegliany Co. v. N. 
Y. Mining Co., 76 Md. 556. Baltimore Co. v. Winand, 77 Md. 524. 
Hopkins v. Van Wyck, SO Md. 15, 17. Myers v. Baltimore Co., 83 Md. 
393. Balto. C. & A. R. R. Co. v. Wicomico Co., 93 Md. 113. Gittings 
V. Mayor, 95 Md, 419. Skinner Dry Dock Co. v. Baltimore, 96 Md. 40. 
Baltimore City v. Poole, 97 Md. 70. 

1844, ch. 234, sec. 2. P. G. L., (1860) Art. 81, sec. 98. 1874, ch. 483. 

P. G. L., (1888) Art. 81, sec. 89. P. L. L., (1888) Art. 4, sec. 

486. P. G. L., (1904) Art. 81, sec. 104. 1908, ch. 164. 

151. The Citj Register shall, on the first dav of each and 
every month in which the interest on city stock is payable, make 
out and deliver to the said court a full and accurate list of the 
holders of all public stock, the interest on which is payable in 
said respective month. 

Sec. 160 of Art. 81, Public General Laws, Code 1904, as re-enacted 
by Act 1906, ch. 467, reads as follows : 

160. Any corporation having a capital stock divided into shares and 
owning as an investment of part of its capital any of the stock debt of 
this State upon which the State Tax has been deducted by the Treasurer, 
or of the stock debt of the City of Baltimore on which the State Taxes 
have been paid or are payable by said City, or shares in any bank or 
other corporation of this State upon which the State and County or City 
taxes are levied and paid, or are payable by such bank or other corpora- 
tion, may report the same in detail under the oath of the President, 
Cashier, Treasurer or other proper officer to the State Tax Commissioner, 
and the amount of such stock debt or debts, or the assessed value of 
such capital stock so owned, and upon which such taxes are paid or 
payable as aforesaid, shall be allowed as a credit in the settlement of 
the taxes on the shares of capital stock of such corporation so owning 
the same ; and any corporation not having capital stock divided into 
shares, and owning as an investment of part of its assets any of the 
stock debt of this State upon which the State tax has been deducted 
by the Treasurer, or of the stock debt of the City of Baltimore on which 
the State taxes have been paid or are payable by said City, or shares 
of the capital stock of any bank or other corporation of this State, upon 
which the State and County or City taxes are levied and paid, or are 
payable by such bank or other corporation, may report the same in 
detail, under the oath of its President. Cashier, Treasurer or other 
proper officer to the State Tax Commissioner, and the amount of such 
stock debt or debts, or the assessed value of such shares of capital stock 
so owned, and upon which such taxes have been paid or are payable as 
aforesaid, shall be allowed as a credit in the settlement of the taxes on 
the assets of such corporation so owning the same ; but no credit shall 
be allowed to any sueh corporations by reason of any investments on 
which the taxes are not paid or payable as aforesaid, nor by reason of 
the ownership by said corporation or corporations of the stock debt of 
the City of Baltimore that shall be hereafter issued under the loans 
authorized by Chapters 274. 338 and 349 of the Acts of the General 
Assembly of Maryland for 1904, known as the Annex. Park Extensions 
and Sewer Loans, respectively, or under any other loans that may be 



137 

hereafter authorized by the General Assembly of Maryland, provided, 
however, that a credit shall be allowed to any such corporation by reason 
of its ownership of Baltimore City Burnt District Loan Stock, issued 
under Chapter 468 of the Acts of 1904, the Water Loan issued under 
Chapter 333 of the Acts 1902, and the Conduit Loan issued under Chap- 
ter 246 of the Acts of 1902, whether heretofore or hereafter issued ; nor 
shall such credits be allowed in any case where the officer making such 
return for such corporation shall fail to state in such return that said 
investments are owned by the corporation of which he is such officer, 
and are not held by such corporation as security for any loan, or as a 
collateral security for any payment, or other purpose. 

1844, ch. 234, sec. 3. P. G. L., (1860) Art. 81, see. 99. 1874, ch. 483. 

P. G. L., (1888) Art. 81, sec. 90. P. L. L., (1888) Art. 4, 

sec. 847. P. G. L., (1904) Art. 81. sec. 105. 

152. The said Court shall in each year carefully examine 
the said lists and correct the same by striking therefrom all 
the holders of said stock who may be exempt from taxation on 
said stock, and shall, on or before the first day of September, 
annually deliver one copy of the said list, as corrected by them, 
to the City Register, and one copy thereof to the State Comp- 
troller, setting forth distinctly in said copies the assessed value 
of the stock mentioned therein. 

1844, ch. 234, sec. 4. P. G. L., (1860) Art. 81, sec. 100. 1874, ch. 483, 

sec. 92. P. G. L., (1888) Art. 81, sec. 91. P. L. L., (1888) 

Art. 4, sec. 848. P. G. L., (1904) Art. 81, sec. 

106. 1908, ch. 164. 

153. The City Register shall retain from the interest paid 

oil the several city loans to the holders thereof, included in tbe 

said corrected list returned to him by the said Court, the State 

tax imposed for the current year on such loans by the Code of 

Public General Laws. He shall make such deductions from the 

installments of interest payable from time to time on said city 

stock, and he shall, as soon as practicable after the first day of 

September in each year, pay over such State taxes to the State 

Comptroller. 

The provisions of this section arc rendered obsolete by Act of 1914, 
Chapter 43. 

1844, ch. 234, sec. 5. P. G. L., (1860) Art. 81, sec. 101. 1874, ch. 483, 

sec. 93. P. G. L., (18&8) Art. 81, sec. 92. P. L. L.. (1888) 

Art. 4, sec. 849. I'. G. L., (1904) Art. 81, sec. 

107. 1908, ch. 164. 

154. If the City Register-, shall, at any time, fail to make 
out and deliver to the said Court the list of holders of said stock 
loans, as herein required, it shall be the duty of the said Court 



\ 



138 

to ascertain in such manner as they may deem most accurate, 
the amount of said stock loans of the City of Baltimore out- 
standing on the first day of each and every month in which 
the interest on said city stock is payable in the year in which 
such failure, or refusal, shall take place, and on or before the 
first day of September in said year, make and deliver one copy 
of a statement certified by them, showing the amount of said 
stock so ascertained by them, and its assessed value to the City 
Register, and one copy thereof to the State Comptroller; and 
the City Register shall thereupon pay the tax aforesaid, which 
he is in section 153 of this Article directed to deduct from the 
interest payable on said loans, but the City Register shall not 
be required to set apart and pay over the said tax on any part 
of said stock loans which he may satisfy the State Comptroller 
by a certificate to that effect, signed by the said Court, or by 
other satisfactory evidence was held on the first day of the 
month in which the interest on said city stock was payable in the 
year for which the tax may become due by any person entitled 
under the laws of this State to hold the same free from taxation. 
Under Sections 151 to 154, city liable for State tax on its stock. 
Baltimore v. State, 105 Md. 2. 
(City stock exempted by Act of 1914, Chapter 43). 

1844, ch. 234, sec. 6. P. G. L., (1860) Art. 81, sec. 102. 1874, ch. 483, 

sec. 94. P. G. L., (1888) Art 81, sec. 93. P. L. L., (1888) 

Art. 4, sec. 850. 1892, ch. 567. P. G. L., 1904, 

Art. 81, sec. 108. 

155. Each member of the said Court shall receive fifty dol- 
lars, annually, for the services required in the three preceding 
sections ; and the City Register, the sum of three hundred dol- 
lars for the services therein required of him; the said sums 
to be paid by the Treasurer on the warrant of the State Comp- 
troller in pursuance of Article 81, section 108, of the Code 
of Public General Laws. 

1906, ch. 84. P. G. L., ,(1904) Art. 81, sec. 138. 

155a. The president or other proper officer of the banks, 
State and National, and other incorporated institutions in the 
several counties, the City of Baltimore and other incorporated 
towns of Maryland, shall annually on or before the first day 
of March, furnish to the County Commissioners of each County 
or the Appeal Tax Court of Baltimore City and the City Clerk 
of each city, town or village incorporated in the State of IMary- 
land, in which any of its stockholders may reside, a list of the 
said stockholders, so far as their place of residence may be 



139 

known to such officer, together with the number of shares of 
stock held by each. Said list shall show the stockholders of 
such banks and other incorporated institutions as they stand 
on the hrst day of January preceding, together with their resi- 
dences and the number of shares held by each on said date, and 
the taxable value of such respective shares of stock, ascertained 
as hereinafter provided, shall for county and municipal pur- 
poses be valued to the owners thereof in the manner hereinafter 
as of the preceding first day of January of each year, and taxes 
thereon shall be collected for such banks and other incorporated 
institutions in the manner hereinafter provided as of said first 
day of January. In case the president or other proper officer of 
said bank or other corporation fail or refuse to furnish a state- 
ment as herein required to the County Commissioners or Appeal 
Tax Court or City Clerk aforesaid, on or before the day herein- 
before specified for that purpose, then for each day that. shall 
thereafter elapse until the said statement shall be furnished, 
the said bank or other corporation shall pay to the County Com- 
missioners, or Mayor and City Council of Baltimore, or other 
municipal corporation, as the case may be, the sum of one hun- 
dred dollars, and for the valuation and effectual collection of 
taxes assessed on the stock of banks or other incorporated insti- 
tutions, held by non-residents, the president or other proper 
officer of the corporation shall annually on or before the first day ' 
of March make out and deliver to the County Commissioners 
of the County or the Appeal Tax Court or City Clerk of the 
municipal corporation where said corporation is situate, an 
account of the number of shares of stock in such corporation 
held by persons not residents of this State as of the first day 
of January preceding, and the same shall be valued at its actual 
cash value, to and in the name of such stockholders respectively 
as of said first day of January preceding ; but the tax assessed on 
such stock shall be levied and collected from said corporation, 
and may be charged to the account of such non-resident stock- 
holders in the said corporation, and shall be a lien on the stocks 
therein held by such stockholders, respectively, until paid, and 
in no case shall the stock of any corporation, in the aggregate, 
be valued at less than the full value of the real estate aud chat- 
tels, real or personal, held by or belonging to such corporation 
in the several counties and City of Baltimore, whether the 
shares of said stock are quoted on the market or not; in case 
of faihu'e or refusal to comply with this requii-cnient, the said 
bank or other incorporated institution slnill be liable to the 
peiudty hereinbefore prescribed, and the president and cashier 
or treasurer of any such bank or other incorporated institution 



140 

failing to comply in every respect with the provisions of this 
section shall be liable to indictment therefor, and on conviction 
shall be fined not less than five hundred dollars nor more than 
five thousand dollars, in the discretion of the Court, and shall 
stand committed until such fine is paid. 

1843, ch. 208, sec. 17. 1847, ch. 266, sec. 15. P. G. L., (1860) Art. 81, 

sec. 18. 1874, ch. 483, sec. 16. P. G. L., (1888) Art. 81, 

sec. 17. P. G. L., (1904) Art. 81, sec. 15. 

156. Whenever any person shall make application for an 
allowance or deduction on account of the sale, transfer, aliena- 
tion, loss or removal of any property, or the collection or pay- 
ment of any public or private security for money, the said 
Court shall interrogate him on oath in reference thereto, 
and the disposal of the same, and especially inquire of him to 
whom the same has been sold or transferred, and the amount of 
the purchase money or the money collected, and how the same 
has been invested. 

Skinner & Sons Co. v. Baltimore City, 96 Md. 32. 

1847, ch. 266, sec. 15. P. G. L., (1860) Art. 81, sec. 19. 1874, ch. 483, 

sec. 17. P. G. L., (1888) Art. 81, sec. 18. 

P. G. L., (1904) Art. 81. sec. 16. 

157. The said Court shall also interrogate the said person 
on oath in reference to any acquisitions or investments made 
by him, and not already assessed, and the amount of all such 
acquisitions and investments shall be added to his assessable 
property, and if he refuses to answer, no allowance or deduction 
shall be made; they shall also have power to summon before 
them any person whom they may know or be credibly informed 
has acquired new property, or whose account of taxable property 
may, in their judgment, require revision and correction, and 
examine such person on oath touching the same ; and any person 
so summoned, and refusing to appear, and any person refusing 
to be sworn, or to answer touching said amount or touching his 
or her property, shall be liable to prosecution therefor, and, 
upon conviction, shall be fined not exceeding fifty dollars for 
each offence, to be collected as other fines are collected. 

Co. Comm'rs v. Winand, 77 Md. 524. Hopkins v. Van Wyck, 80 Md. 
15, 17. Skinner & Sons Co. v. Baltimore, 96 Md. .32. 

Appeal Tax Court has power to change classification in annex, when 
physicial condition justifies change. 

Sams V. Fisher, 106 Md. 155, 162. 

But Equity can set aside classification if physical facts do not justify. 

City V. Gail. 106 Md. 684. Baltimore v. Schaefer. 107 Md. 40. Coulston 
V. City, 109 Md. 271. 



141 

1841, ch. 23. sec. 41. P. G. L., (1860) Art. 81, sec. 20. 1874, ch. 483, 

sec. 18. P. G. L., (1888) Art. 81, sec. 19. 

P. G. L., (1904) Art. 81, sec. 19. 

158. Any person who shall remove to the City of Baltimore 

from any County or City in which his property has been as- 
sessed, and whose personal property has not been assessed in the 
City of Baltimore, or any person whose property or some part 
thereof, has not been assessed, shall, when required by said 
Court, give to said Court a full and particular account of his 
personal property in the County or City from which h,e has 
removed and of all the personal property in his possession or 
under his care and management, liable to be assessed, and 
which before that time shall not have been assessed in the City 
of Baltimore, and the name of the person to whom it belongs. 
Hopkins v. Van Wyck, 80 Md. 15, 17. 

1841, ch. 23. sees. 14, 41, 42. P. G. L., (1860) Art. 81, sec. 21. 1874, ch. 

483, sec. 19. P. G. L., (1888) Art. 81, sec. 20. 

P. G. L.. (1904) Art. 81, sec. 20. 

159. If any person shall, when required by said Court, after 
ten days' notice, neglect to render the account required in the 
last preceding section, he shall be fined a sum not exceeding fifty 
dollars, to be collected as other fines are collected ; and the 
said Court shall, on its own knowledge and on the best informa- 
tion they can obtain value the property of such person to the ut- 
most sum they believe the same to be worth in cash, and on 
the return of said valuation they shall certify the said refusal 
or neglect, and the said Court shall assess such person according 
to the sum so returned, and the same shall be collected as the 
assessment. 

1843. ch. 208, sec 18. P. G. L., (1860) Art. 81, sec. 22. 1874, ch. 483, 

sec. 20. P. G. L., (1888) Art. 81, sec. 21. P. G. L., 

(1904) Art. 81, sec. 21. 

160. Whenever any person shajl apply to the said Court 
for allowance or reduction on account of the removal of property 
from the City of Baltimore to a County or City, the said Court 
shall ascertain of the party applying to what place within tlie 
State the property has been removed, and sliall inform the 
proper authorities of the place to which the property is removed 
of the fact of such removal. 

1841, ch. 23, sec. 27. P. G. L., (1800) Art. 81, sec. 24. 1S74, 

ch. 483, sec. 22. P. G. L., (1888) Art 81, sec. 23. 

P. G. L.. (1904) Art. 81. sec. 23. 

161. The said Court shall direct their clerk to enter and 



142 

record in a book or books, to be provided for the purpose, an 

accurate and fair account of all property of every sort V7itliin 

the City of Baltimore, subject to taxation, and the valuation 

and assessment thereof, and an alphabetical list of the owners 

thereof, properly arranged, according to the several wards of 

the City of Baltimore and a correct description and location 

of the said property so valued and assessed. Any owner of 

property shall at all times be permitted to inspect the record 

of his own property contained in said book. 

O'Neal V. Virginia & Md. Bridge Co., 18 Md. 24. Tasker v. Garrett 
Co., 82 Md. 154. 

1844, ch. 236, sec. 19. P. G. L., (1860) Art. 81, sec. 25. 1874, 

ch. 483, sec. 23. P. G. L., (1888) Art. 81, sec. 24. 

P. G. L., (1904) Art. 81, sec. 24. 

162. The Clerk of said Court shall transmit to the State 
Comptroller annually, within thirty days after the annual levy 
of taxes for the State, a return of the assessments of property 
in the City of Baltimore, showing the amount thereof; and 
for neglecting or refusing to perform this duty the clerk so neg- 
lecting or refusing shall be subject to presentment, and upon 
conviction thereof in the Criminal Court of Baltimore City, to 
a penalty of one hundred dollars, for the use of the State. 

1844, ch. 236, sec. 20. P. G. L., (1860) Art. 81, sec. 26. 1874 

ch. 483, sec. 24. P. G. L., (1888) Art. 81, sec. 25. 

P. G. L., (1904) Art. 81, sec. 25. 

163. The State's Attorney of the City of Baltimore shall 
give information of such neglect or refusal to discharge the 
duties prescribed in the preceding section to the Grand Jury 
of the city, upon being advised thereof by the State Comp- 
troller. 

164. Kepealed by Act 1900, ch. 4. 

1900. ch. 347. 1914, ch. 532. 

164A. The Appeal Tax Court of Baltimore City shall have 
the power at any time to value and assess all personal property 
and to revise such valuations and assessments, and to value and 
assess and to revise all valuations and assessments of real prop- 
erty in said city, and to lower or increase said assessment of real 
or personal property, and to take steps for the discovery and 
assessment of all unassessed property of every kind. And it 
shall be the duty of said Court, at least once in every five years, 
to carefully make such general revision of all of the assessable 



143 

property in said city. Wlienever said Court shall propose to 
alter or change any assessment, or make any new assessment, 
they shall, before such assessment is made, give at least ten 
days' notice thereof, in writing, served upon the owner of the 
property to be assessed or re-assessed, or upon the person in pos- 
session of the property to be assessed, or in whose custody the 
same may be, or, if it be land and one be in apparent occu- 
pancy thereof, then by a notice posted on said land. Said notice 
shall contain such interrogatories as may be reasonably neces- 
sary to enable said Court to correctly assess the property. Said 
interrogatories shall be answered, signed and sworn to by the 
owner of the property, or by the authorized agent of such owner, 
having knowledge of the facts inquired for in said interroga- 
tories. Such affidavit may be made before any Judge of the 
Appeal Tax Court, or any assessor thereof, who is hereby auth- 
orized to take the same, and who shall take the same without 
charge; or such affidavit may be made before any officer auth- 
orized by law to take affidavits. If any person upon wdiom such 
interrogatories are served shall neglect or refuse to answer, sign 
and make oath to the same, personally or by authorized agent as 
aforesaid, within ten days after service of the same, the Appeal 
Tax Court shall proceed to assess the property therein referred 
to, according to law, upon their best information and judgment 
in the premises, and shall add thereto an additional assessment 
of 20% of the amount of such assessment so ascertained, as a 
penalty for such failure or refusal to answer said interrogatories. 
Said additional assessment may be abated, in whole or in part, 
by the Appeal Tax Court, at any time before October first iu 
any year, to take effect for the ensuing year, upon the filing of 
said interrogatories answered, signed and sworn to as above 
provided, and the Court shall thereupon fix the assessment at 
such figure as will represent the proper valuation of such prop- 
erty. Nothing herein, or done in pursuance hereof, shall be 
construed to relieve any escaped or omitted property from being- 
assessed when discovered, as may be provided by law. The said 
Court, in order to make any valuation, assessment, revaluation or 
reassessment, shall have power to summon before it any person, 
and to interrogate him or her in reference to the existence, situ- 
ation, ownership or value of any property liable to assessment 
by said Court, or in reference to the taxable residence of any 
person, and any person so summoned and refusing to appear, 
and any person refusing to be sworn, or to answer touching 
said value, revaluation or assessment, or toucliing his or hrr 
property, or tou(;hing any other fact relevant to any inquiry 



144 

before said Court, shall be liable to prosecution therefor, and, 
upon conviction, shall be fined not exceeding one hundred dol- 
lars, to be collected as other fines are collected. 

As to construction of provisions of Sec. 164A, see, Gittings v. Balti- 
more City, 95 Md. 425, 427. Baltimore City v. Johnson, 96 Md. 737. 
Baltimore City v. Poole, 97 Md. 69. Joesting v. Baltimore City, 97 Md. 
596. 

As to rule laid down in construing similar provisions, see: Hopkins v. 
Baker, 78 Md. 363. Hopkins v. Van Wyck, 80 Md. 7. Clark Distilling 
Co. V. Cumberland, 95 Md. 468. 

1900, ch. 347. 

164B. If any clerk, assessor or employee appointed by the 
Appeal Tax Court shall neglect to perform the duties required 
of him by law or by said Court, he shall be liable to be dis- 
charged by said Court in its discretion ; and if any such clei;k, 
assessor or employee shall receive any consideration or payment 
designed or intended to influence his conduct or act in the per- 
formance or omission of his duties as prescribed by law or by 
said Court as such clerk, assessor or employee, or shall corruptly 
do or permit to be done or omit to do any act in discharge of 
his said duties he shall be liable to immediate dismissal by said 
Appeal Tax Court, and shall be also liable to indictment there- 
for, and upon conviction shall be fined not exceeding five hun- 
dred dollars for each offense and also to imprisonment in jail 
or penitentiary for not more than one year, in the discretion 
of the Court. 

P. G. L.. (1904) Art. 81. sec. 9. 

165. The Clerks of the several courts in the City of Balti- 
more shall annually, on or before the first day of October, 
transmit to the said Court a list of all the alienations of prop- 
erty, chancery sales made by trustees and finally ratified, and 
of all judgments and decrees recorded in their respective offices 
or rendered in their respective courts since they last furnished 
a list of the same, which list shall show the property alienated, 
and the amount due on the judgments or decrees, so as to enable 
the said Court to assess the parties to whom the property is 
conveyed or the money due. 

Richardson v. Simpson, 82 Md. 162. 

For decisions relating to taxes on property in custodia legis, and in 
cases of sales of property under decrees, see, Fulton v. Nicholson, 7 
Md. 107. Mayor, etc. v. Sterling, 29 Md. 48. Tuck v. Calvert, 33 Md. 
224. Gould V. Baltimore, 58 Md. 52. Hebb v. Moore, 66 Md. 170. Degner 
V. Baltimore, 74 Md. 144. Casualty Insurance Go's, case, 82 Md. 565. 
Cherbonnier v. Bussey, 92 Md. 420 et seq. 



145 

1S41, ch. 23, sec. 38. P. G. L., (1860) Art. 81, sec. 13. 1874, ch. 483, 

sec. 11. P. G. L., (1888) Art. 81, sec. 12. P. G. L., 

(1904) Art. 81, sec. 13. 

166. Xo person shall be chargeable with the assessment of 
property which he may have alienated, but the same shall be 
chargeable to the alienee ; and the said Court shall, from time 
to time, correct the account of any person who may have parted 
with the possession of any property, and the same so taken off 
shall be charged to the person who may have acquired posses- 
sion of the property, unless the same shall have been removed 
from the city. 

Co. Commrs. v. Clagett, 31 Md. 210. Parlett v. Dugau, 85 Md. 413. 

1841, ch. 23, sec. 37. P. G. L., (1860) Art. 81, sec. 14. 1874, ch. 483, 

sec. 12. P. G. L., (18SS) Art. 81, sec. 13. P. G. L., 

(1904) Art. 81. sec, 14. 1914, ch. 532. 

167. The said Court is directed to alter and correct the 
account of any person who may have disposed of or acquired 
any property since the last assessment, or whose property, or 
any part thereof, may have been omitted, if the report of such 
disposition, acquisition or omission be supplied by satisfactory 
evidence; and if real estate or other property shall, from any 
cause, have increased or decreased in value since the last as- 
sessment, the said Court shall correct and alter the assessment 
of the same, so as to conform to its present value, provided that 
any party desiring to apply to the Appeal Tax Court for a re- 
valuation of any real or personal property, shall make such 
application before the first day of September, in order to be 
acted on so as to take effect for the ensuing year. The Appeal 
Tax Court shall not receive or act upon any such application 
made after the first day of September in any year, so as to 
affect the assessment for the ensuing year. 

Alleghany Co. v. N. Y. Mining Co., 76 Md. 549. Hopkins v. Van Wyck, 
80 Md. 7. B. C. & A. Ry. Co. v. Wicomico Co., 93 Md. 113. 

1847, ch. 266, sec. 13. P. G. L., (1860) Art. 81, sec. 10. 1874, ch. 483, 

sec. 8. P. G. L., (1888) Art. 81, sec. 9. P. G. L., 

(1904) Art. 81, sec. 10. 

168. The Register of Wills of Baltimore City shall iiiiimally, 
on or before the first day of October, return to the said Court 
a summary account of all property that shall appear by the 
records of the Orphans' Court of Baltimore City to be in the 
hands of each executor, administrator, or guardian as such; 
and all such property, if not before assessed, shall then be as- 
sessed, and every executor, administrator or guardian shall be 



146 

liable to pay the taxes levied thereon, and shall be allowed there- 
for by the Orphans' Court in his accounts, and the said Regis- 
ter of Wills, for the duties imposed by this section, shall be 
allowed such compensation as the said Anpeal Tax Court may 
deem proper. Should the clerk or Register fail to perform the 
duties imposed by this section, he shall be guilty of a misde- 
meanor, and shall be liable to indictment, and on conviction 
shall be fined not exceeding one hundred dollars. 

Bonaparte v. State, 63 Md. 473. Hopkins v. Van Wyck, 80 Md. 14. 
Baldwin v. Washington Co., 85 Md. 156. Baldwin v. State use of Hull, 

89 Md. 590. Nicodemus v. Hall, 93 Md. 367. 

Liability of executors does not extend to payment of taxes becoming 
due after the settlement and distribution of the estate, although the 
annual valuation and assessment upon such property, as well as the 
levy thereon, may have been made prior to such settlement and distri- 
bution of the estate. 

Bamberger v. Baltimore, 125 Md. * 

1847, ch. 266, sec. 14. P. G. L., (1860) Art. 81, sec. 11. 1874, ch. 483, 

sec. 9. P. G. L., (1888) Art. 81, sec. 10. P. G. L., 

(1904) Art. 81, sec. 11. 

169. In all cases where discoveries of assessable property 
are made by the said Appeal Tax Court, either from the re- 
turns of clerks, registers or assessors, or in any other way, the 
said Court shall assess the same, and add the same to the amount 
on which taxes are to be levied. 

Hopkins v. Van Wyck, 80 Md. 14. Tasker v. Garrett Co., 82 Md. 153. 
Baldwin v. Wash. Co., 85 Md. 156. Monticello, etc., v. Baltimore City, 

90 Md. 429. B., C. & A. R. R. v. Wicomico Co., 93 Md. 123. 

1896, ch. 322. P. G. L., (1888) Art. 81, sec. 18a. P. G. L., (1904) 

Art. 81, sec. 17. 1908, ch. 167. 

170. Any person or persons, or corporation, assessed for 
real or personal property in the City of Baltimore and claiming 
to be aggrieved because of any assessment, or classification made 
by the said Court, or because of its failure to reduce or abate, 
modify, change or alter any existing assessnient or classifica- 
tion may, by petition, appeal to the Baltimore City Court to 
review the assessment or classification. The ]\Iayor and City 
Council of Baltimore may also appeal from any decision of said 
Court to the Baltimore City Court if it deem the public interests 
require that the decision of said Court should be reviewed. The 
petition in such appeal, other than the petition of the city, 
shall set forth that the assessment or classification is illegal, 
specifying the grounds of the alleged illegality, or is erroneous 
by reason of overvaluation, or other error; or that the assess- 



147 

ment is unequal in that the said assessment has been made by 
a higher proportion of valuation than other real or personal 
property on the same tax roll, by the same officers ; and that 
the petitioner is, or will be injured by such alleged illegality, 
inequality or erroneous assessment or classification. The peti- 
tion of the Mayor and City Council of Baltimore shall set forth 
wherein the decision of said Court is erroneous and such other 
facts as may be necessary to inform the Baltimore City Court 
of the claim of the city. A summons shall issue for the re- 
spondent or respondents named in the petition of the city 
returnable on such a day as the Baltimore City Court may 
appoint for a hearing of the matter averred in such petition. 
All such appeals shall be taken within thirty days after an 
assessment, or classification, has been made as aforesaid, or 
within thirty days after the refusal to reduce or abate, modify, 
alter or change an existing assessment, or classification, or 
within thirty days after the action of said Court complained of 
by the city. On such appeals the Baltimore City Court shall 
appoint a day for hearing said appeals, which shall not be less 
than five nor more than thirty days after the expiration of the 
thirty days' limit for taking appeals as aforesaid ; and shall 
direct the clerk of the said Baltimore City Court to issue a 
subpoena duces tecum to the judges of said Appeal Tax Court, 
requiring them to produce and deliver to said Baltimore City 
Court the record of the proceedings of the said Appeal Tax 
Court, and all maps, plats, documents and other papers con- 
nected with the said record ; the said Baltimore City Court 
shall have full power to hear and fully examine the subject 
and decide on said appeals, and for that purpose it is hereby 
authorized and empowered to adjourn from time to time, and 
may cause all or any of such appeals to be consolidated, or may 
hear and decide them separately, and may require the said 
judges of the Appeal Tax Court, their clerks, surveyors or other 
agents and servants, or any of them, and all such other persons 
as the Baltimore City Court may deem necessary to attend, 
and examine tliem on oath or affirmation; and may permit and 
require all such explanation, amendments and additions to be 
made to and of the proceedings as the Court shall deem requi- 
site. The person or the city appealing to the said Baltimore 
City Court shall have a trial before the Court without the 
intervention of a jury, and the Court, sitting without a jury, 
shall hoar the case do novo, and shall iisccrtain and dccich^ on 
the j)ropor assessment, or classification, of the property for the 
year involved in the appeal ; and neither the action, nor the 



148 

record of the proceedings, of the judges of the Appeal Tax 
Court in the premises shall be held to be, or declared void for 
any reason whatsoever; provided due notice of the proceedings 
shall have been given to the parties entitled by said judges of 
the said Appeal Tax Court ; and the said Baltimore City Court 
shall assess anew, or classify anew, as the case may be, the 
property forming the subject of the appeal ; provided, however, 
that in the absence of any affirmative evidence to the contrary, 
the assessment or classification apealed from shall be affirmed. 
The said City Court shall cause the proceedings and decisions 
on said appeals to be entered in the book containing the record 
of proceedings of the said Baltimore City Court, certilied by the 
clerk under the seal of the Baltimore City Court, and the 
book to be transmitted to the judges of the said Appeal Tax 
Court, which shall be final and conclusive in every respect, un- 
less an appeal be taken to the Court of Appeals. Such record 
book or Copy of the proceedings therein, or any part of such 
proceedings, whether in or out of court, certified by the judges 
of the said Appeal Tax Court, under seal of said city, shall 
be evidence in any court in this State, and the judge of said 
Baltimore City Court shall have full power, in his discretion, 
to require the cost of any appeal or any part thereof to be 
paid by all or any of the appellants or by the city, as the cir- 
cumstances of each appeal, in his opinion, shall justify. In no 
case shall any such appeal stay or suspend the power or duty 
of the city to levy or collect taxes upon the property involved 
in said appeal, but such levy and collection shall proceed in all 
respects as if no appeal had been taken. If a final judgment 
shall not be given in time to enable the assessors, judges of the 
Appeal Tax Court, or other officers to make a new or correct 
statement of the assessment, or classification, for the use of 
the proper authorities in levying taxes, and if it shall appear 
from such judgment that said assessment was unequal or said 
assessment or classification was illegal or erroneous, then there 
shall be audited, allowed and paid to the petitioner by the 
Comptroller the amount, with interest thereon from the date of 
the pa;)anent, in excess of what the tax should have been, as de- 
termined by said judgment, or order of the Baltimore City 
Court, and if on appeal by the city, the Baltimore City Court 
should decide that the valuation and assessment was lowei- 
than it should have been, or that the classification was erroneous 
and at a lower rate than it should have been, or that the property 
should be assessed or classified, the Baltimore City Court shall 
ascertain and fix the valuation and assessment, or classification, 



149 

of said property, then the Comptroller shall audit and charge 
the respondent or respondents with the difference in said valua- 
tion, assessment or classification, as fixed by the Baltimore City 
Court and that fixed by the iVppeal Tax Court, which amount 
of difference shall be a lien on the property involved in the pro- 
ceedings. An appeal may be taken to the Court of Appeals by 
either the petitioner or petitioners, or the city, within ten days 
after the rendition of said judgTaent or order by the Baltimore 
City Court, and the record shall be immediately transmitted 
to the Court of Appeals, which Court shall immediately hear 
and determine the questions involved in said appeal. 

Monticello Co. v. Mayor, 90 Md. 416, 432. Fowble v. Kemp, 92 Md. 
633. Baltimore City v. Bonaparte, 93 Md. 156. United Rys. & Elec. 
Co. V. Baltimore City. 93 Md. 631. Baltimore City v. Austin, 95 Md. 
90. Gittings v. Baltimore, 95 Md. 419. Baltimore City v. Poole & Son, 
97 Md. 69. Joesting v. Baltimore City, 97 Md. 595. Consol. Gas Co. v. 
Balto. City., 101 Md. 541. Wilkens Co. v. M. & C. C, 103 Md. 293. 

Ahatement of Taxes. The remedy for refusal to abate an assessment 
of taxes is an appeal to the Baltimore City Court under section 170 of 
the City Charter and mandamus will not lie to compel abatement by 
the Appeal Tax Court. Hoffman v. Sams, Daily Record, January 10, 
1905. 

Easements of Public Service Corporations in streets assessable for 
taxation. ^^^ Company v. City, 105 Md., 43. 

Taxation — classification and assessment of property — notice — remedial 
statute liberally construed ; "due notice if notice left at house taxed." 
Wannenwetsch v. Baltimore, 115 Md. 446. 

Upon appeal to Court of Appeals under this section, only questions of 
law can be passed on by the Court of Appeals. Hamburger v. City, 106 
Md. 481. 

But where classification void Equity may enjoin. 

City V. Gail, 106 Md. 684. Le.ser v. Wagner, 119 Md. 671. Balto. v. 
Schaefer, 107 Md. 40. 

On appeal to City Court from assessment made of property for tax- 
ation, the pi'osumption is that the a.ssessment is correct, and the duty of 
opening the case on appeal rests on the property owner. Evidence 
admissible to prove assessment. 

M. & C. C. V. Clarence H. Hurlock, Executor, 113 Md. 674. 

1900, ch. 399. 

170a. If the Mayor and City Council of Baltimore claim 
to be aggrieved by any decision of the State Tax Commissioner 
upon any valuation and assessment, the said Mayor and City 
Council of Baltimore may appeal from said decision to the 
Comptroller of the Treasury and State Treasurer. If no 
such appeal be taken within thirty days from any decision of 
the Tax Commissioner, the said valuation and assessment shall 
be final; ])nt if sn<'h appeal sliiill be taken witliin tliirty dnys 



150 

from any decision, there shall be stated in such appeal the rea- 
sons and grounds of such appeal; and said Comptroller and 
Treasurer shall consider the same, and if the Comptroller and 
Treasurer shall both be of the opinion that such valuation and 
assessment so made by the State Tax Commissioner is erroneous, 
and ought to be changed, they shall change the same accordingly, 
and the valuation and assessment so agreed upon by the Comp- 
troller and Treasurer shall be final ; but if either the Comptroller 
or Treasurer shall agree with the State Tax Commissioner as 
to the correctness of the valuation so made by him, then such 
appeal shall be dismissed, and the original valuation shall be 
and remain as the true valuation. 

Monticello v. Baltimore, 90 Md. 416. Fowble v. Kemp, 92 Md. 633. 

1914, ch. 532. 

171. In the year eighteen hundred and ninety-eight, and 
in all succeeding years thereafter, the valuation of the property 
subject to taxation in the City of Baltimore, as it shall appear 
upon the assessment books of said Court on the first day of 
October in each and every year, shall be final and conclusive, 
and constitute the basis upon which taxes for the next ensuing 
fiscal year shall be assessed and levied; provided that the 
foregoing provision shall not apply to property in the city 
liable to taxation, and which may have escaped or which may 
have been omitted in the regular course of valuation, but such 
property shall be valued and assessed and the owner or owners 
thereof charged with current taxes and back taxes, not exceeding 
four years, justly due thereon, whenever the same may be dis- 
covered and placed upon the assessment books ; and the annual 
levy for each and every year shall be deemed and taken to have 
covered and embraced all property which was not assessed, but 
which ought to have been assessed, for the year for which 
any such levy was made. The said Court shall, on the first day 
of October, or as soon thereafter as practicable, in the year 
nineteen hundred and fourteen, and in all succeeding years 
thereafter, make out and deliver to the City Collector a state- 
ment showing the valuation and assessment of all the property 
subject to taxation in said city, as it shall appear upon the 
assessment books of said Court on said first day of October; 
such statement shall contain a full list of all the real estate 
as the same has been valued and assessed by blocks, correspond- 
ing so far as may be practicable with the block numbers used 
in the Record Ofiice of the Superior Court of Baltimore City, 
with the location and description of such piece or parcel of 
ground so assessed and valued, and also shall contain an 



151 

alphabetical list of all persons to whom personal property has 
been assessed. The said statement shall be known as the taxable 
basis for the next ensuing tiscal year, and after the levy of taxes 
it shall be designated as the tax roll for said year. Further, the 
said Appeal Tax Court shall submit to the Board of Estimates 
on the first day of October, or as soon thereafter as practicable, 
a statement of the total valuation of the respective classes of 
property as shown on the annual roll submitted by the Appeal 
Tax Court of Baltimore to the City Collector. The said Court 
shall perform such other duties as may be prescribed by law or 
ordinances not inconsistent with this Article. 

Skinner Dry Dock Co. v. Baltimore, 96 Mel. 37-41. Cochran v. Car- 
stairs, 95 Md. 509. Baltimore City v. Jenkins, 96 Md. 193. 

Sha7-es of Stock in domestic corporations are not "property" under 
ttie terms of section 171 of the City Charter, "which when discovered 
is to be valued and assessed by the Appeal Tax Court and the owner or 
owners thereof charged with back and current taxes." Balto. Chrome 
Works V. Mayor & C. C. of Balto., Daily Record, April 19. 1904. 

Compare this section with sec. 5, Art. 50, City Code (1893) ; See dicta 
in Hopkins v. Van Wyck, SO Md. 15, construing same. 

Liability of executors does not extend to payment of taxes becoming 
due after the settlement and distribution of the estate, although the 
annual valuation and assessment upon such property, as well as the 
levy thereon, may have been made prior to such settlement and distri- 
bution of the estate. 

Bamberger v. Baltimore, 125 Md. 

COMMISSIONERS FOR OPENING STREETS. 

1912, ch. 32. 

172. The Commissioners for Opening Streets shall be the 
second sub-department of review and assessment, and the head of 
this sub-department shall be a board composed of three; persons, 
appointed by the Mayor in the manner prescribed in section 
25 of this Article, and removable as therein provided. One of 
their number shall be president, and shall be so designated 
when appointed by the Mayor. Their term of office shall be 
for three years, one commissioner to retire every year; except 
that the commissioners first appointed shall determine by lot 
their terms of ofi^ice, so as to provide for the termination of 
the term of one commissioner each at the end of the first and 
second years. The said commissioners sliall receive a salary 
of one thousand, ciglit Iiiiiidrod dollars each per annum, paya- 
ble monthly. The said commissioners shall be charged with 
tlif dnty of o|)(']iing, extending, widening, straightening, and 
if the ordinance so provides, grading or rlosing any street, lane, 
alley or part thereof, situated in lialtiinore City whenever 



152 

the same shall have been directed by ordinance to be done, and 
shall perform such other duties as the Mayor and City Council 
of Baltimore, may, by ordinance prescribe. The said Com- 
missioners shall appoint a clerk, who shall be paid a salary of 
one thousand, five hundred dollars per annum, payable monthly, 
and shall perform such duties as the Commissioners may pre- 
scribe. The said Commissioners may also appoint such other 
employees as the Mayor and City Council of Baltimore by ordi- 
nance may direct, and fix their compensation, not to exceed 
in the aggregate the amount appropriated by ordinance. 
McClellan v. Marine, 98 Md. 53. 
Sections 172 to 195, inclusive, under this sub-title, are embodied from 
the City Code of 1893, Art. 48, sees. 1 to 27, inclusive, with slight modi- 
fications. 

173. The Clerk of said Commissioners shall keep a record 
of their proceedings in a book provided for the purpose, and in 
such form as the City Solicitor may prescribe; and the said 
Clerk shall record in said book all orders made by the Com- 
missioners in regard to the performance of their duties, and 
make true copies of all notices by them directed to be pub- 
lished, and of the certificate of the publication thereof, and shall 
perform such other clerical duties as the said Commissioners 
shall require. 

1912, eh. 32. 

174. When the said Commissioners shall assess a sum of 

money to be paid by any person or persons, for benefits derived 

by such person or persons from opening, extending, widening, 

straightening, grading, curbing or closing any street, lane or 

alley, or part thereof, and shall assess a sum of money to be 

paid to the same person or persons for damages sustained by 

said opening, extending, widening, straightening or closing, it 

shall and may be lawful upon a certificate of title from the 

City Solicitor, for the City Register or City Collector to receive 

from such person or persons an assignment for the sum or sums 

so assessed as damages aforesaid. 

As to rule in assessing damages and benefits, see, M. & C. C. of Ballo. 
V. Smith, 80 Md. 458. 

1912, eh. 32. 

175. Whenever the Mayor and City Council shall hereafter 
by ordinance direct the Commissioners for Opening Streets 
to lay out, open, extend, widen, straighten, grade or close up, 
in whole or in part, any street, square, lane, or alley, within 



153 

the bounds of this city, the said Commissioners, having given 
the notice required by law of their first meeting to execute the 
same, shall meet at the time and place mentioned in said notice, 
and from time to time thereafter, as may be necessary, to ex- 
ercise the powers and perform the duties required of them by 
said ordinance, and shall ascertain whether any and what 
amount of value in damages will be caused to the owner of any 
right or interest in any ground or improvements within or 
adjacent to the City of Baltimore by such opening, extending, 
widening, straightening or closing for which, taking into con- 
sideration all advantages and disadvantages, such o\vner ought 
to be compensated; and the said Commissioners having ascer- 
tained the whole amount of damages for which compensation 
ought to be awarded, as aforesaid, and having added thereto an 
estimate of the probable amount of expenses which will be in- 
curred by them in the performance of the duties required of 
them as aforesaid, in which they may include a sum sufficient 
in their judgment to cover the expenses and contingencies of 
litigation, and administration expenses , shall proceed to assess 
all the ground and improvements within and adjacent to the 
city, the o^\Tiers of which, as such, the said commissioners shall 
decide and deem to be directly benefited by accomplishing the 
object authorized in the ordinance aforesaid ; and should the 
direct benefits, assessed as aforesaid, not be equal to the damages 
and expenses incurred, the balance of said expenses and damages 
shall be paid by the City Register, and provided for in the gen- 
eral levy, or out of funds derived from loans, if properly appli- 
cable thereto. 

Alexander v. Mayor, 5 Gill 383. Moale v. Mayor, 5 Md. 314, Hawley 
V. Mayor, 33 Md, 270. Page v. Mayor, 34 Md. 558, N, C, Ry. Co. v. 
Mayor, 46 Md. 428, Brooks v. Mayor, 48 Md, 265, Central Savings 
Bank v, Baltimore, 71 Md. 520-522. Baltimore v. Rice, 73 Md, 307, 
Pitts V, Baltimore, 73 Md, 338, Friedenwald v. Baltimore, 74 Md, 116, 
Burke v. Baltimore, 77 Md, 469, M. & C, C, of Baltimore v. Smith. SO 
Md. 458. Shanfelter v, M, & C. C, of Baltimore, SO Md, 491, Gluck v, 
M. & C. C, of Baltimore, 81 Md, 315. Baltimore City v. Fear, 82 Md, 
2.')4. Baltimore v. Coates, 85 Md. 531. Gardiner v, Baltimore City, 96 
Md, 361, B,.& O, R, R, Co, v, Baltimore City, 98 Md, 535, 

Damages from change of grade may be considered when part of lot 
is being taken, 

Baltimore v, Garrett, 120 Md, 608, 

Destruction of access amounts to a taking. 

Walters v. B. & O., 120 Md. 644. 

But merely making the access inconvenient does not amount to a 
taking. 

P.. & O. V. Kane, 124 Md. 231. P.. & O. v. Kabl. 124 Md. 200. Balti- 
more V. Bregenzer, 125 Md. 7S. 

Rule as to damagos and benefits. 



154 

Baltimore v. Megary, 122 Md. 20. (See Section 175A). 

City not liable for consequential damages to property not abutting on 
the part of the street closed. Certain rules for determining damages. 
Ger. Luth. Church v. Baltimore, 123 Md. 142. 

The words "such owner ought to be compensated" construed to mean 
"such as he ought to be compensated for under the established rules of 
law and practice." 

Ger. Luth. Church v. Baltimore, 12.S Md. 149. 

When land is condemned for the bed of a public street, the grade 
thereof should be first established. 

Baltimore v. Johnson, 123 Md. 320. 

Benefits cannot lawfully be assessed against abutting property until 
the grade of the proposed street has been first established. 
Patterson v. Baltimore, 124 Md. 153. 

The rule that damages are not ordinarily recoverable for injury to 
adjacent lands caused by a lawfiil change in the grade of a public 
highway is confined to cases in which no part of the abutting property 
is taken for that purpose. Where the grade is established for the first 
time on opening the street, the cost and expense of making the abutting 
land conform to the use of the street should be considered in deter- 
mining the extent that such abutting lands are benefited by the opening. 
Baltimore v. Johnson. 123 Md. 320. 

The measure of damages is the market value of the land actually to 
be taken, and a due allowance of damages for injury to the remaining 
land. 

Patterson v. Baltimore, 124 Md. 153. 

In determining whether property will be benefited by a street which 
is to be opened, account must be had of the cost of putting the property 
in condition to render it useful after the street is actually opened. 

P. B. & W. Railroad v. M. & C. O. of Balto., 124 Md. 635. See. also, 
Balto. V. Canton Co., 124 Md. 620. 

The City has no power to assess benefits which materially amount 
to more than the aggregate of damages and expenses. The Commis- 
sioners for Opening Streets may make a proportionate reduction, or 
the City Court can do so on appeal. 

Maryland Trust Co. v. Baltimore, 125 Md. 40. 

Mere inconvenience of access, or mere dimunition of light and air to 
property does not constitute a "taking" within the meaning of the 
Constitution. Such injury to come within the constitutional provision 
must be such as to amount to their substantial destruction. 
Baltimore v. Bregenzer, 125 Md. 78. 

Condemnation of Land for Water Supply. — Adaptability of Land for 
Reservoir Purposes.^ — Just Compensation Includes the Value of the 
Ground and Due Allowance for Consequential Damages.---The Market 
Value of Land is to be Estimated in Reference to the Uses and Pur- 
poses to which it is Adapted. 

Brack v. Baltimore, 125 Md. — . 

1914, ch. 125. 

175A. In any ordinance providing for opening, widening, 
extending, straightening or closing any public highway, the 
Mayor and City Council may provide that the Commissioners 



155 

for Opening Streets shall assess upon the property benefited 
thereby the entire cost of such opening, widening, extending, 
straightening or closing, including the damages paid for any 
property taken therefor and the expenses of the said Com- 
missioners and Court expenses, if any ; the property so benefited 
may be specified in the ordinance or left to be determined by the 
Commissioners. In the event of the passage of such ordinance, 
the Commissioners for Opening Streets in carrying out the 
same shall apportion the entire expense of such opening, widen- 
ing, extending, straightening or closing among the various 
properties benefited thereby. !Nothing herein shall prevent any 
property owner from showing on appeal the amount he is 
actually benefited. 

1914, ch. 125. 

175B. The first meeting of the Commissioners to execute 
any ordinance to open, extend, widen, straighten or close, in 
whole or in part, any street, square, lane or alley shall be 
held within four months after the passage of this Act, as to all 
such ordinances heretofore passed and remaining wholly un- 
executed, and as to any ordinance hereafter passed within three 
months after the passage of such ordinance, unless within that 
time an ordinance shall be introduced to repeal the same. It 
shall be the duty of said Commissioners to proceed diligently 
thereafter in the further execution of such ordinance. On or 
about the first of January, in every year, the said Commis- 
sioners shall make a report to the Mayor, and transmit a copy 
thereof to the City Council, showing the status of their proceed- 
ings under every such ordinance which shall have been passed 
and shall not have been fully executed. Instead of waiting 
until the benefits are collected, before paying the damages 
and proceeding with said opening, extending, widening, 
straightening or closing, the Mayor and City Council of Balti- 
more may, in its discretion, in the annual Ordinance of Esti- 
mates, set aside a sum from the general levy or from any 
other funds properly applicable thereto, to be used, in the dis- 
cretion of the said Commissioners, with the approval of the 
Board of Estimates, in paying the damages awarded in any 
such proceeding in advance of the collection of the benefits 
assessed in said proceeding. In the event of such advance pay- 
ments, the benefits when collected shall be credited to the fund 
from which such payments shall have been made. No such 
advance payment shall be made until after the expiration of 
the time for taking appeals from the actions of the said Com- 



156 

missioners, and the final termination of any appeal or other 
proceeding in which the validity of the ordinance, or of the 
entire proceedings thereunder, shall be assailed. 

1914, ch. 125. 

175C. Upon any appeal from the action of the Commis- 
sioners for Opening Streets in awarding damages or assessing 
benefits in the matter of opening, widening, extending, straight- 
ening or closing any public highway, the return of the Com- 
missioners for Opening Streets shall be prima facie evidence of 
the correctness of the amounts of damages awarded and bene- 
fits assessed, and the burden of proof shall be upon the party 
asserting that any such award or assessment ought to be less 
or more than the amount so fixed by the Commissioners for 
Opening Streets ; this provision, so far as it relates to the burden 
of proof, shall not apply to an appeal from benefits where no 
question of damages is involved. 

Act 1S98, ch. 123. 1900, ch. 109. 

176. In every case where it shall be necessary in order to 
efiect the object proposed under any of the ordinances providing 
for the laying out, opening, widening or straightening in whole 
or in part any street, square, lane or alley, that a portion only 
of a lot or of a lot and improvements shall be taken and used 
or destroyed, and the owner or owners thereof shall claim to 
be compensated for the whole, the said Commissioners in such 
cases may, if they deem it best and not otherwise, accept a sur- 
render in writing of the whole of said lot and improvements, 
or the whole of said improvements, from said owner or owners, 
in which event the said Commissioners shall ascertain the full 
value thereof, as if the whole lot or lots and improvement or im- 
provements, as the case may be, were necessary to be taken and 
used for such proposed object, and the whole amount of such 
valuation when finally decided on shall be paid or tendered to 
the said owner or owners before any part thereof shall be de- 
stroyed, removed or used, unless such o^vner or owners shall 
assent thereto in writing, as now provided for by law ; and the 
said Commissioners, after giving ten days' notice in two of 
the daily newspapers of the city of the time and place, manner 
and terms of sale, shall sell by public auction to the highest bid- 
der the materials of any house or houses which it shall be neces- 
sary to remove, in whole or in part, and also the residue of any 
lot of which a part shall be taken and used to effect the object 
confided to the Commissioners, and which residue shall have 



157 

been, with the consent of the Commissioners aforesaid, sur- 
rendered by the owners thereof as aforesaid ; the purchase money 
to be paid when full possession shall be given of the property or 
material so sold, and the said Commissioners or a majority of 
them on receiving the purchase money aforesaid, and not be- 
fore, shall by a good and sufficient deed convey the lot or lots 
of ground by them so sold to the purchaser; but no such sales 
shall be made until after the Commissioners have assessed the 
entire amount of damages and expenses as are now directed to 
be assessed by existing ordinances relating to the condemna- 
tion of streets, nor until all damages for taking said property 
shall have been paid or tendered to the proper party or parties 
or invested or paid into Court as by law required, nor until 
the said Commissioners are ready and able to give possession 
to the said purchaser or purchasers of property and materials 
aforesaid, and the said Commissioners are duly empowered to 
take and receive a good and sufficient bond from the purchaser 
or purchasers aforesaid, with a penalty to the Mayor and City 
Council of Baltimore, conditioned that the purchase money be 
duly paid at such time as the said Commissioners shall demand 
the same, and conditioned further that said purchaser or pur- 
chasers shall remove within sixty days after notice from the 
said Commissioners, from the bed of the street all such mate- 
rials so sold, and all rubbish or other obstructions in said street 
occasioned thereby ; and in the event of the purchaser or pur- 
chasers not complying with the terms of said sale, the Commis- 
sioners shall re-sell the said lot or lots, and improvement or 
improvements, as the case may be, at the risk of the former 
purchaser, or purchasers, giving not less than five days' notice 
of said re-sale in two of the daily newspapers of the city afore- 
said ; provided, however, that where, in the judgment of said 
Commissioners, a part only of the whole of a lot or a part of the 
whole of the improvements of any lot can be taken without 
destroying the whole of said lot or said improvements, for the 
purpose for which lot or improvements are used, or for building 
purposes, the said Commissioners shall only condemn such part 
of said whole lot or improvements as is necessary for the 
proposed object, and shall award to the owner or o\\mers of the 
part of the lot or improvements so taken such damages and 
assess upon the remainder thereof such benefits as in their 
judgment shall be right and proper; and provided, further, that 
in all cases where there are sheds or other obstructions lying and 
being in beds of streets, lanes, roads or alleys, in process of 
opening or widening, where the same will not, in the judgment 



158 

of the Commissioners for Opening Streets, sell by public auc- 
tion for the amount of the expenses of said sale, then the said 
Commissioners for Opening Streets may, and they are hereby 
authorized, to sell the same at private sale. 

M. & C. C. of Baltimore v, Merryman, 23 Md. 449. Mayor v. Clunet, 
23 M(l. 464. Xorris v. Balto., 44 Md. 603. Bernei v. Mayor, 56 Md. 351. 

As to right of the city to institute condemnation proceedings before 
street grades are established, see, Balto. Belt R. R. Co. v. Turner, Daily 
Record, January 12, 1893. 

As to rule for valuation of property in awards in condemnation pro- 
ceedings, see, Park Board v. White, Daily Record, May 25, 1893. 

The inchoate right of dower in fee simple property to be considered 
in condemning property. B. & O. R. R. Co. v. Textor, Daily Record, 
December 25, 1893. 

1914, ch. 125. 

176A. In any case where a part of a lot, or part of a lot and 
improvements is taken for opening, widening, extending, 
straightening or closing a public highway, the Commissioners 
for Opening Streets in making their award, and in the event of 
an appeal, the Court or Jury in making its or their award shall 
not award damages and assess benefits separately, but shall 
ascertain and find separately: First — the present value of the 
entire lot, or the entire lot and improvements of which a part 
is to be taken, as if the proposed opening, widening, extending, 
straightening or closing were not to be made; and secondly — 
what will be the value of the portion of the lot or of the lot 
and improvements which will remain after the opening, widen- 
ing, extending, straightening or closing of said highway shall 
have been made, and the grading thereof shall have been done. 
If the value so found of the whole, exceeds the value so found 
of the portion which will remain, the owner of said lot, or of 
said lot and improvements shall be allowed the difference as net 
damages. If the value so found of the part which will remain 
shall exceed the value so found of the whole, then the owner of 
the said lot, or said lot and improvements shall be charged the 
difference as net benefits, but nothing herein shall prevent the 
surrender of the whole lot, as provided in section 176. 

1912, ch. 32. 

177. As soon as the Commissioners aforesaid shall have 
completed the valuation of damages to be ascertained by them 
as directed by this Article, they shall cause a statement thereof 
to be made out for the inspection of all persons desiring infor- 
mation of its contents, and such statement, together with an 
explanatory map or maps, shall contain a description of each 



159 

separate lot or parcel of gTound deemed to have sustained 
damages, its dimensions, the name of the street, lane or alley on 
which it bomids, the names of all persons supposed to have any 
estate or interest in it, and the amount of damages as valued 
by the Commissioners; and if there be anv house or other im- 
provements on it, necessary to be removed, in whole or in part, 
such description thereof as the Commissioners shall deem neces- 
sary ; and in like manner a description of each parcel of ground 
deemed by the Commissioners to be benefited, the name or 
names of such person or persons as may be supposed to ha\e 
any estate or interest therein, and the amount assessed thereon 
for benefits ; and the said Commissioners shall cause a notice to 
be published for four successive days in two daily newspapers 
of the city stating the extent of the ground covered by the assess- 
ment, and that such statement and maps are ready for the 
inspection of all persons interested therein and that the Com- 
missioners will meet at their ofiice on a day to be named in said 
notice, which shall be not less than five nor more than ten days 
after the first publication of such notice, for the purpose of 
reviewing any of the matters contained in such statement to 
which any person claiming to be interested shall make objec- 
tion; and the Commissioners shall meet at the time and place 
so appointed, and shall hear and consider all such representa- 
tions or testimony on oath or afiirmation, verbal or in writing, 
in relation to any matter in said statement which shall be offered 
to them on behalf of any person claiming to be interested 
therein, and the said Commissioners shall make all such correc- 
tions and alterations in the valuations, assessments and esti- 
mates, and all other matters contained in the said statements 
and explanatory map or maps aforesaid, as in their judgment 
shall appear to them, or a majority of them, to be just and 
proper; and they may adjourn, from day to day, if necessary, 
to give all parties claiming a review an opportunity to be heard, 
not exceeding in the whole ten days; and after closing such 
review the Commissioners shall make all such corrections in 
their statement and explanatory map or maps as they shall deem 
proper, and cause such statement as corrected to be recorded in 
their book of proceedings, and certified under the hands and 
seals of said Commissioners and their clerk, and notify all per- 
sons interested by an advertisement, to be inserted once a week 
for four successive weeks, in two of the daily newspapers of 
the city that the said assessments have been completed, and that 
the parties affected thereby are entitled to appeal therefrom by 



IGO 

petition in writing to the Baltimore City Court within thirty 
days after the first publication of said notice. 

Central Savings Bank v. Baltimore, 71 Md. 520. M. & C. C. of Balti- 
more V. Smith, SO Md. 467. Zion Church v. Baltimore, 71 Md. 524. 

1914, ch. 494. 

177A. In any ordinance for opening, extending, widening, 
straightening, closing or grading any street, lane or alley in the 
City of Baltimore, the Mayor and City Council of Baltimore 
may provide that the assessments of benefits may be made pay- 
able in annual installments, not exceeding five, with interest at 
six per cent, on the deferred installments from the time such 
proceedings are concluded. If any such ordinance does not 
provide otherwise as to the time of payment of benefits, then 
all benefits assessed thereunder shall be payable, at the option of 
the person assessed, either at once or in five equal installments, 
one of which shall be due when the proceedings under said 
ordinance are concluded and the other installments shall be due 
and payable, respectively, one, two, three and four years there- 
after, with interest on each installment from the date when the 
proceedings were finally concluded ; provided, however, that 
where the same party is assessed in any such proceedings for 
benefits and also awarded damages, the damages shall be de- 
ducted from the benefits to the extent of the damages, and the 
provision of this section as to paying the benefits in installments 
shall apply only to the excess of the benefits over the damages. 
The Commissioners, in their final return, shall state whether or 
not benefits are to be payable in installments, and if so in what 
installments. 

1912, ch. 32. 

178. It shall be the duty of the Clerk of the Commissioners 
for Opening Streets to serve written or printed notice upon 
each and every party or parties assessed for damages, caused by 
the condemnation and opening of any public highway; pro- 
vided, however, that the service of such notice shall not be so 
construed as to be one of the pre-requisites to the condemnation 
and opening of any street under any ordinance heretofore 
passed, or hereafter to be passed. 

1912, ch. 32. 

179. The Mayor and City Council of Baltimore or any 
person or persons, or corporations, who may be dissatisfied with 
the assessment of damages or benefits, as hereinbefore provided, 



161 

may, within thirty days after the first publication of the notice 
provided in section 177, appeal by petition, in writing, to the 
Baltimore City Court, praying the said Court to review the 
same, and on any such appeal the Court shall appoint a day for 
hearing said appeal, which shall not be less than five or more 
than thirty days after expiration of the thirty days limited 
for taking appeals as aforesaid, and shall direct the clerk of 
the said Court to issue a subpoena duces tecum to the clerk of 
the Commissioners for Opening Streets, requiring him to pro- 
duce and deliver to said Court the record of the proceedings of 
the said Commissioners in the case, and all maps, plats, docu- 
ments and papers connected with such record, and the City 
Court shall have full power to hear and fully examine the 
subject, and decide on the said appeal, and for that purpose is 
hereby authorized and empowered to adjourn from time to time, 
and may cause all such appeals to be consolidated, or may hear 
and decide them separately, and may require the said Conunis- 
sioners, their clerk, surveyor, or other agents and servants, or 
any of them, and all such other persons as the Court shall deem 
necessary, to attend, and examine them on oath or aflirmation, 
and may permit and require all such explanations, amendments 
and additions to be made to and of the said record of the pro- 
ceedings as the said Court. shall deem requisite; and the persons 
appealing to the Baltimore City Court, as aforesaid, shall be 
secured in the right of a jury trial, and the said Court shall 
direct the Sheriff of Baltimore City to summon twelve or more 
persons qualified to be jurors, and shall impanel any twelve 
disinterested persons so summoned, or attending the Court, to 
try any question of facts, and if necessary to view any property 
in the city, or adjacent thereto, to ascertain and decide on the 
amount of damages or benefits, under the direction of the 
Court ; and the said Court shall not reject or set aside the 
record of the proceedings of the said Commissioners for any 
defect or omission in either form or substance, but shall amend 
or supply all such defects and omissions and increase or reduce 
the amount of damages and benefits assessed, and alter, modify 
and correct the said return of proceedings, in all or any of its 
parts, as the said Court shall deem just and proper, and shall 
cause the proceedings and decisions on said returns and appeals 
to be entered in the book containing the record of the proceed- 
ings of the Commissioners certified by the clerk, under the seal 
of the Court, and the book to be transmitted to the said Commis- 
sioners, which shall be final and conclusive in every respect, 
unless an appeal be taken to the Court of Appeals, and such 

(7) , 



162 

record book, or a copy of the proceedings therein, or any part of 
such proceedings, whether- in Court or out of Court, certified by 
the said Commissioners under their hands, shall be evidence in 
any Court in this State, and the judge of the Baltimore City 
Court shall have full power, in his discretion, to add the reason- 
able costs of any appeal, to be taxed by him, or any part thereof, 
to the damages to be collected for opening or closing said street 
or to require such cost, or any part thereof, to be paid by all or 
by either of the appellants, as the circumstances of such appeal, 
in his opinion, shall justify. Upon every appeal to the Balti- 
more City Court from any action of the Commissioners for 
Opening Streets both the damages and benefits assessed by thp 
Commissioners to the appellant shall be open for review and 
correction by the said City Court. 

Trustees v. Mayor of Baltimore, 2 Md. Cli. 78. Alexander v. Mayor, 
5 Gill, 383. Meth. Prot. Church v. Mayor, 6 Gill, 391. Page v. Mayor, 
34 Md. 558. Hazelhurst v. Baltimore, 37 Md. 200. Norris v. Mayor, 
44 Md. 598. Brooks v. Mayor of Baltimore, 48 Md. 265. Friedenwald 
V. Shipley, 74 Md. 116. Farrel v. Baltimore, 75 Md. 493. Baltimore 
V. Coates, 85 Md. 531. Baltimore City v. Bonaparte, 93 Md. 161. 

The rislit of appeal is given by the above section to the Baltimore 
City Court. A court of equity has no jurisdiction to enjoin the con- 
demnation proceedings in the Baltimore City Court on the ground that 
the condemnation is undertaken before the establishment of the grade 
of the street. This question is within the jurisdiction of the Baltimore 
City Court. 

Baltimore v. Johnson, 123 Md. 321. 

As to effect of inspection by jury of premises, see, 

Patterson v. Baltimore, 124 Md. 153. 

On appeal the Street Commissioners, clerks and other agents are com- 
petent witnesses, and may be summoned and examined as to the prin- 
ciples upon which their awards and assessments wei*e made. 
Patterson v. Baltimore, 124 Md. 153. 

1912, ch. 32. 

180. Wlienever any ordinance passed by the Mayor and City 
Council of Baltimore, providing for the condemnation and 
opening, extending, widening, grading or closing of any street, 
lane or alley, in said city, shall be set aside, or declared null 
and void by a Court of competent jurisdiction, to wit: The 
Baltimore City Court or the Court of Appeals, in the event of 
an appeal to that tribunal, or the same shall be repealed by the 
city, it shall be the duty of the Comptroller immediately there- 
after to draw his warrant on the Citv Register in favor of any 
and all persons or their legal representatives, who may have 
paid into the city treasury any sum or sums of money on account 
thereof; which shall be forthwith paid out of any sums in the 
treasury not otherwise appropriated. The Comptroller shall 



163 

likewise draw his warrant on the City Register for the pa}Tnent 
of all expenses which may have been incurred by virtue of any 
such ordinance in carrying out the provisions thereof, for which 
the city may be liable under existing ordinances. 

1912, ch. 32. 1914, cli. 494. 

181. If no appeal shall have been prayed, then, within ten 
days after the time hereinbefore limited therefor, or after the 
return of the decision upon any appeal shall have been made to 
the said Commissioners, their return shall be transferred to the 
City Collector, who shall proceed forthwith to notify the parties 
assessed for benefits by means of bills specifying the several 
sums so assessed and the installments thereof due and payable, 
and warning them that if the same be not paid within two 
months from the date of such transfer of said Commissioners' 
returns, he will proceed to sell the specific pieces or parts of 
property on which said unpaid sum or sums of money shall have 
been assessed, in the manner and after having given the notice 
directed by this Article. Thereafter, as each installment be- 
comes due, the Collector shall give the same notice; if any 
installment be not paid, and the Collector shall proceed to sell, 
under section 182 of this Article, the right of the party assessed, 
to pay the remainder of said assessment in installments, shall be 
forfeited, and the Collector shall collect from the proceeds of 
said sale the entire amount of the assessment not theretofore 
paid, with interest at six per cent, to the date of such collection. 

State ex rel Henderson v. Taylor, 59 Md. 338. See, decision of Brown 
C. J. City Court in re Webster v. Mayor, October 16, 1874. 

1912, cb. 32. 

182. If the sums assessed upon the property specified shall 
not be paid within the time above limited, the City Collector is 
hereby directed to sell the property, or any part thereof, on 
which such assessment has been laid, giving thirty days' notice of 
said sale in two of the daily newspapers published in the City of 
Baltimore, the first insertion of said notice to be made in said 
newspapers promptly after the expiration of the time limited 
in this article for the payment of said benefits; and the moneys 
so collected by the City Collector shall be paid over by him to 
the city as other moneys are directed to be paid over. 

M. & C. C. of Baltimor(! v. (Jrand Lodge, 44 Md. 437. Zion Church v. 
Mayor, 71 Md. 524. I'. W. & B. R, R. Co. v. Shipley, 72 Md. 88. 

1912, ch. 32. 

183. In all cases in which the City Collector shall sell any 



164 

property on account of the non-payment of assessments made 
for the opening, closing, widening, grading or extension of any 
street, Lane or aHoy, it shall be his duty to sell said pro])erty to 
the extent and subject to the same conditions which are provided 
by ordinance for the sale of real estate in the City of Balti- 
more, charged with the payment of other taxes imposed by this 
corporation; and in the event of the purchaser or purchasers 
failing forthwith to comply with the terms of said sale, the City 
Collector shall re-sell the same at the risk of the former pur- 
chaser, ffiviiiff not less than ten days' notice in two of the dailv 
newspapers of the city aforesaid ; and after collecting the benefit 
assessments he shall forthwith return the said Commissioners' 
proceedings to the Comptroller. 

184. The City Collector, on receiving the full amount of the 
purchase money on such sale, shall execute a deed of conveyance 
in favor of the purchaser or purchasers, or their assign or 
assigns, which deed shall convey a fee simple or leasehold estate, 
as the case may be, in and to such property, and after deducting 
the costs of sales, advertising and other necessary expenses, he 
shall pay the balance of such purchase money to the city, which 
shall pay over the said balance, after deducting the amount 
assessed on said property, to the person or persons entitled 
thereto, on demand without interest. 

Carter v. Woolfork, 71 Md. 283. 

185. All sums of money assessed by the Commissioners 
aforesaid, upon property deemed by them to be benefited, shall 
be and continue liens on each several piece of property so 
assessed, to the amount of its particular assessment, until the 
same shall be paid to the city ; but no part of any street, square, 
lane or alley shall be opened on or over the ground of any person 
or persons, or corporation, adjudged by the Commissioners to be 
entitled to damages for said opening, without the consent, in 
writing, of the person or corporation so entitled, until such 
damages shall be paid, or the amount thereof invested in the 
city stock, for the use of each person or corporation entitled to 
any part of the compensation for such damages, to the amount 
of his, her or their respective right and interest therein, of 
which investment the City Register's certificate, under the cor- 
porate seal of the city, shall be competent proof. 

Gould V. Mayor, 59 Md. .378. Central Savings Bank v. Baltimore, 71 
Md. 517. Zion Church v. Baltimore City, 71 Md. 524. 

186. Any person or persons not claiming title to any lot or 



165 

piece of property upon which any sums shall be assessed, as 
aforesaid, may pay the amount of the sum so assessed, within 
the time limited, to the City Register, and obtain his certificate 
of having paid such sum without claiming title to the property ; 
and such payment shall vest in the person or persons paying his, 
her of their heirs, the lien on such lot or property mentioned in 
this Article. 

State ex rel, Henderson v. Taylor, 59 Md. 338. 

187. If it should so happen that any one or more of said 
Commissioners should be interested in any particular case, the 
Mayor shall make a temporary appointment of a Commissioner 
or Commissioners, to act in the place and stead of such inter- 
ested Commissioner or Commissioners, who shall take the oath 
or affirmation, as the case may be, and in all respects conduct 
himself and have all the powers as the other Commissioners 
who are appointed by the Mayor. 

188. Whenever any lot, or part of a lot, or parcel of ground 
may be taken and included within the lines of any street, lane 
or alley, or part thereof, and damages assessed therefor, and 
there shall be an outstanding unexpired term of years therein, 
the said Commissioners shall discriminate in their proceedings 
between the value of fee simple or ground rent interest, and the 
leasehold interest. 

Mayor, etc. v. Rice, 73 Md. 307. Gluck v. Mayor, 81 Md. 315. 

1912, ch. 32. 

189. Wlienever any obstruction shall have remained in any 
street, lane or alley, or part thereof so opened, for the space of 
sixty days after the proceedings of the said Commissioners shall 
have been completed, it shall be the duty of said Commissioners 
to cause the same to be removed and to draw on the Register for 
the expense so incurred, which shall be paid by him, and the 
Mayor shall forthwith cause a suit for the recovery of said 
expenses to be instituted against the person or persons by whoso 
default the said obstruction has been suffered to remain, and the 
same, when recovered, shall be paid to the Register for the use 
of the city. 

190. Repealed by Act of 1912, ch. 32. 

1912, ch. 32. 

191. When the proceedings of the Commissioners for Open- 



166 

ing Streets iu any case are transferred to the City Collector, the 
City Eegister is authorized and required to pay all the expenses 
incurred by the Commissioners under the said proceedings. But 
such expenses shall not remain unpaid more than six months 
after the completion of any services performed under said ordi- 
nance; and the Comptroller and Register are directed to pay, 
within six months after the services have been completed, any 
such expenses upon presentation of the proper vouchers or cer- 
tilicates from the Commissioners for Opening Streets. 

192. Repealed by Act of 1912, ch. 32. 

193. "\Mienever the owner or owners of the bed of any of the 
streets, lanes or alleys of the city, as laid out on Poppleton's 
plat, or on such plat as the city may adopt, for the territory 
annexed under the Act of 1888, Chapter 98, shall offer to 
convey the same to the city, it shall be the duty of the ]\Iayor to 
obtain the opinion of the Citv Solicitor in relation to the title 
to the property and the legality of the deed or deeds, and, if in 
the opinion of the Mayor, it will be right and proper, and the 
public good will result therefrom, he is hereby authorized to 
receive, in the name of the Mayor and City Council of Balti- 
more, any deed or deeds so offered to the city ; provided, that no 
deed shall be for less than one whole square, and that the city 
shall not incur any expense in receiving the same ; and that a 
plat setting forth the location, together with the surrounding 
property, to the extent of two hundred feet, shall accompany 
said deed. 

194. Whenever any street, lane or alley, or part thereof, 
shall bo conveyed to the city, as provided in the preceding sec- 
tion, the same shall be a public highway, subject to all ordi- 
nances and resolutions relating to streets, lanes and alleys in 
the City of Baltimore, 

195. The Mayor and City Council of Baltimore will not 
entertain any petition for or remonstrance against the opening, 
widening, straightening or closing of any street, lane, or alley 
in the City of Baltimore, unless the signers of such petition or 
remonstrance shall state the location of the property they repre- 
sent, together with the number of front feet of the same. 

1908, ch. 150. 
195a. In any and all cases where a street, lane or alley, or 
part thereof, situated in the City of Baltimore, has been opened, 



167 



widened, straightened or closed by the Mayor and City Council 
of Baltimore, or by any Commissioner or Commissioners, or 
other person or persons, acting either nnder the provisions of 
an Act of the General Assembly of Maryland, or of an ordinance 
•of the Mayor and City Council of Baltimore, or both, whereby 
authority was granted to assess the whole or any portion of the 
costs of such improvement upon property benefited thereby, and 
such assessments, or any part thereof remain unpaid, it sluiU 
be lawful for the ^^Fayor and City Council of Baltimore to pro- 
vide by ordinance for levy and collection, in such manner as it 
may deem proper, of a 'tax to the extent of such special benefit 
upon all the property, which the said Mayor and City Council 
of Baltimore, or the said Commissioner or Commissioners, or 
other person or persons above mentioned, have designated in 
their return, as property benefited by such improvement, and 
liable to assessment therefor ; provided, that no property, upon 
which the assessment originally made for its share of the cost 
of such improvement shall have been paid, shall be again 
assessed, and that reasonable notice and an opportunity to be 
heard shall be given to all persons interested before final ascer- 
tainment of the amount of tax to be paid by any such property, 
and the said city shall provide for appeals to the Baltimore City 
Court by any person or persons interested, including the city 
itself, from the decision of the Commissioners for Opening- 
Streets, or any Commissioner or Commissioners, or other per- 
sons appointed to determine the amount or amounts of such 
special taxes or assessments, and in the trial of such appeals the 
practice shall conform as near as may be to the practice in the 
trial of street appeals, including the right of appeal to the 
Court of Appeals. 

MUNICIPAL OFFICERS 
NOT INCLUDED IN ANY DEPARTMENT. 

CITY LIBRARIAN. 

196. There shall be an official of the Mayor and City Coun- 
cil of Baltimore, to be known as the City Librarian. He shall 
be appointed by the Mayor in the manner prescribed in section 
25 of this Article and hold his office as therein provided. The 
said Librarian shall, under the supervision and direction of the 
City Register, take under his charge and keeping all the books 
and documents of every dosci-iption, and the archives, records, 
papers and proceedings of the Mayor and City Council of 
Baltimore, except as is otlicrwisc hoi'oin provided, now in the 



168 

possession of other mimicipal officers, entrusted with them by 
the city, or which may hereafter come into the possession of the 
city, and also all the ordinances, resolutions and proceedings of 
the City Council after each and every session thereof; and he 
shall arrange and classify, so as to be easily found when needed, 
all the books, documents, records, papers, ordinances and resolu-" 
tions, and proceedings hereby placed and hereafter to come 
under his charge and keeping; and he shall furthermore care- 
fully collect and arrange and safely keep a complete series of 
ordinances and resolutions and proceedings of the Mayor and 
City Council of Baltimore, and all other books, papers and 
memorials relating to Baltimore, from its beginning as a town 
to the present time, and this shall continue to be one of his 
regular duties, and he shall not permit any book or books, or 
documents of said series to be taken or removed by any one from 
the City Library, and he shall permit no other book, document, 
record or paper of any sort to be taken from the City Library, 
except by city officers, and then only on a written receipt from 
such city officer or officers for the same, which receipt shall be 
written in a book to be kept for that purpose, and shall be duly 
cancelled on the return of the book, documents, records or papers 
so borrowed ; and he shall see that no books, documents, records 
or papers of any sort be lost or mislaid by said city officers ; he 
shall also carefully prepare and keep an index for that purpose 
of all the books, documents, records and papers of said library. 
Room shall be provided in the City Hall, and properly furnished 
for the reception and custody of said library. The salary of the 
City Librarian shall be one thousand five hundred dollars per 
annum, payable monthly ; and he shall give a good and sufficient 
bond, to be approved as authorized by this Article, in the sum of 
live thousand dollars, for the faithful performance of his duties 
in the premises. 

The provisions of the Charter in relation to the City Librarian and 
his duties were largely embodied from Art. xxxii of the Baltimore City 
Local Code (1893). 

1906, ch. 111. 

197. Each of the departments, sub-departments, municipal 
officers not embraced in a department and special commissions 
or boards of the ]\layor and City Council of Baltimore shall, on 
or before the first day of December in every year, furnish to the 
City Librarian a schedule of all stationery and printed matter, 
which may be required for the use of such departments, sub- 
departments, municipal officers and commissions or boards for 
the year commencing on the first day of January thereafter. It 



169 

shall be the duty of the City Librarian, twenty days prior to the 
first day of January in each year, to advertise for proposals for 
furnishing all such stationery and printed matter as may be 
required by the respective departments, sub-departments, 
municipal officers and commissions or boards of the city, for the 
ensuing fiscal year, subject to the provisions of sections 14 and 
15 of this Article. All contracts which may be awarded in pur- 
suance of the provisions of this section shall contain a clause 
stipulating that any stationery or printed matter which may be 
required for the use of any department, municipal officers and 
commissions or boards aforesaid of the city, over and above the 
quantity specially designated in said contracts, shall be fur- 
nished by the contractors at the same rate charged for articles 
which are specially mentioned in said contracts, and if any 
supplies are required which are not mentioned in said contract 
they shall be furnished at the low^est market rates. It shall be 
the further duty of the City Librarian to furnish to each of the 
departments of the city, sub-departments, municipal officers not 
embraced in a department and special commissions or boards, 
from time to time, upon the requisition of the heads of said 
departments, sub-departments, municipal officers and commis- 
sions or boards, the stationery and printed matter which may be 
necessary for the use of said departments, sub-departments, 
municipal officers not embraced in a department and special 
commissions or boards and to keep an accurate account of all 
supplies which may be furnished ; and he shall annually report 
to the City Council of Baltimore the quantity of stationery and 
printed matter which he shall have furnished to the respective 
departments, sub-departments, nmnicipal officers and commis- 
sions or boards during the preceding fiscal year and the expense 
of the same. 

As to powers of Mayor and City Council of Baltimore in relation to 
contracts for stationery prior to Act 1906. cli. Ill, see, Baltimore v. 
Weatherby, 52 Md. 442. and cases cited under sections 14 and 15 of 
the Charter, ante, pages 57, 58, 59. 

198. The City librarian is hereby authorized and directed 
to appoint two assistants, to be known as First Assistant Libra- 
rian and Second Assistant Librarian, who shall perform such 
duties as the Librarian shall from time to time prescribe and 
direct, and for whose acts the Librarian shall be held responsi- 
ble. The First Assistant shall give such bond as provided by 
ordinance and approved by the ]\hiyor. In the event of the 
necessary ab.sence of the Li})rarian, from sickness or other cause, 
the First Assistant, with the approbation of the Mayor, shall 



170 

have full power and authority to perform all the duties of the 
Librarian. The salary of the First Assistant Librarian shall be 
nine hundred dollars per annum, payable monthly, and the 
salary of the Second Assistant shall be seven hundred and fifty 
dollars per annum, payable monthly. 

199. There shall be opened, under the direction of the City 
Librarian, a set of books in which shall be entered all requisi- 
tions made upon the City Librarian from the difterent depart- 
ments, sub-departments, municipal officers and connnissions or 
boards of the Mayor and City Council of Baltimore, from time 
to time, and each department, sub-department, municipal officer 
and commission or board shall be charged with all books, 
stationery and printed matter it may receive from said Libra- 
rian ; there shall be kept a record of all bids received for books, 
stationery and printed matter and of the acceptance or rejection 
thereof. The City Librarian shall permit no bid once filed in 
his office to be withdrawn therefrom. There shall be copied and 
filed away all contracts made or entered into between bidders 
and the Cit}' Librarian ; and there shall be annually prepared a 
general statement of all the transactions of the City Librarian's 
office, and presented to the City Council. 

200. The City Library shall be kept open daily from 9 A. M. 
to 4 P. j\I., and during the sessions of the City Council and at 
such other times as may be necessary or may be prescribed by 
ordinance, with the Librarian or his Assistants in attendance. 

COMMISSION" 01^ CITY PLAK 

1910, ch. 114. 

200A. There shall be a Commission on Citv Plan, to consist 
of the Mayor of the City of Baltimore and eight other members 
who shall be appointed by the ]\layor in the manner prescribed 
in section 25 of this Article, who shall hold their offices as in 
said section provided, and shall serve without pay; one of the 
said Commissioners shall be president of said Commission, and 
shall be so designated by the Mayor ; the said Commission may 
elect a secretary, who shall be paid such salary as may be pro- 
vided for by ordinance and who shall perform such duties as 
may be from time to time prescribed by said Commission. The 
said Commission shall investigate all plans proposed for the 
construction or extension of public highways in the City of 
Baltimore and the establishment of a civic center or other public 
improvements in connection therewith, and shall report the 



171 

results of such investigations from time to time to the Mayor 
and City Council, and shall perform such other duties and 
exercise such other powers as may be delegated to it or as may 
be prescribed by ordinance not inconsistent with this Article. 

ART COMMISSION. 

201. There shall be an Art Commission, to consist of the 
Mayor of the City of Baltimore and seven others, to be named 
by the following institutions, and appointed by the Mayor in the 
manner prescribed by section 25 of this Article, and hold their 
offices as therein provided : One shall be named by the Mary- 
land Historical Society, one by the Johns Hopkins University, 
one by the Peabody Institute, one by the Maryland Institute for 
the Promotion of the Mechanic Arts, one by the Architectural 
Club of Baltimore, one by the Board of Park Commissioners, 
and one by the Charcoal Club ; the members of the Commission 
shall serve without pay. If any of said institutions shall fail to 
name a Commissioner for thirty days after having been re- 
quested in writing by the Mayor so to do, the Mayor shall name 
such Commissioner. 

202. No statue, ornamental fountain, arch or gateway, 
monument or memorial of any kind shall be erected, nor any 
change made in those already erected in any public street, 
avenue, square, place, park or municipal building in the City of 
Baltimore unless the design and site or proposed change for the 
same shall have been submitted to the Commission and approved 
by a majority thereof, and its report shall have been made to the 

' City Council ; said report shall be made within thirty days from 
the time when the design and site or proposed change as above 
specified shall have been submitted to the Commission for its 
approval. 

203. The Commission shalJ, at the request of the Mayor, or 
the City Council, give its advice as to the suitability of the 
design for any public l)ui]ding, ])ridge or other structure, and 
shall report thercnm in writing to the City Council. All vacan- 
cies in said Commission shall be filed by the INhiyor from those 
named by the institutions as herein provided ; and in case any of 
said institutions fail for thirty days, after receiving the request 
of the Mayor, to name a person to till \\\c said vacancy, the 
Mayor sliall fill it witli a person of liis own selection. 



172 

SUPEEIXTENDENT OF LAMPS AND LIGHTI:NG. 

204. There shall be a Superintendent of Lamps and Light- 
ing, who shall be appointed by the Mayor in the manner pre- 
scribed in section 25 of this Article, and hold his office as therein 
provided. He shall have under his charge and supervision the 
lighting of the City of Baltimore, and shall perform the duties 
now performed by the General Superintendent of Lamps and 
Inspector and Sealer of Gas Meters, and such other duties as 
may be prescribed by ordinances, not inconsistent with this 
Article. He shall have power to appoint an assistant, who shall 
perform all the duties now performed by the Inspector of 
Illuminating Gas and Oils. The Superintendent of Lamps and 
Jjighting shall have the power to appoint such number of district 
superintendents of lamplighters as the requirements of the city 
may demand and as are necessary to properly care for the lamps 
and lighting of the city, and iix their compensation, not to 
exceed in the aggregate the amount appropriated by ordinance. 
He shall have power to appoint such clerks and employees as 
may be necessary to properly conduct his office, and as the 
annual appropriations of the city for his use in the discharge of 
his duties may warrant. The compensation of the Superin- 
tendent of Lamps and Lighting shall be two thousand dollars 
per annum, payable monthly, and his assistants and the clerks 
and employees under him shall be paid such fixed salaries as 
may be prescribed by ordinance, and not in fees ; all fines and 
inspection fees shall be paid to the Comptroller. 

American Lighting Co. v. McCuen, 92 Md. 705. 

SURVEYOR. 

p. L. L., (1860) Art. 4, sec. 865. P. L. L., (1888) Art. 4, sec. 825. 

205. There shall be a Surveyor, to be elected on the Tuesday 
next after the first Monday in I^ovember in the year eighteen 
hundred and ninety-nine, and on the same day in every second 
year thereafter, and whose term of office shall commence on the 
first Monday in January next ensuing after his election; his 
duties and compensation shall be prescribed by the ordinances 
of the Mayor and City Council of Baltimore. Any vacancy in 
the office of Surveyor shall be filled by the Mayor and City 
Council of Baltimore for the residue of the term. 

Baltimore City v. Lyman, 92 Md. 610. 

CONSTABLES. 

1912, ch. 823. 

206. There shall be two Constables for every ward of the 



173 

City of Baltimore, who shall be appointed by the Mayor aud 
City Council of Baltimore and hold their offices for two years. 
Their duties and compensation shall be the same as are now, 
or may hereafter be prescribed by law or ordinances. 

Constable failing to qualify within thirty days after his appointment, 
forfeits his position. 

Little V. Schul, 118 Md. 4.55. {Sec notes to section 623). 

Ordinance passed in pursuance of Charter has same force as Act of 
the Legislature. 

Gould V. Baltimore, 119 Md. 534. 

SUPEEINTEISTDENT OF PUBLIC BUILDINGS. 

207. There shall be a Superintendent of Public Buildings, 
who shall be appointed by the Mayor in the manner prescribed 
in section 25 of this Article, and hold his office as therein pro- 
vided. The said Superintendent of Public Buildings shall 
provide for the watching, cleaning and heating, and shall have 
charge of, the City Hall and the buildings and offices in which 
the different Courts of the city may be held and in which their 
records may be kept. He shall receive a salary of one thousand, 
five hundred dollars per annum, payable monthly, and perform 
such other duties as may be provided by ordinances, not incon- 
sistent with this Article. He shall employ such assistants and 
employees, and at such compensation as may be fixed by ordi- 
nance. 

PUBLIC PRINTER. 

208. There shall be a Public Printer, who shall be elected on 
the second Monday of June, in the year eighteen hundred and 
ninety-nine, and on the same day and month in every second 
year thereafter, by a convention of both Branches of the City 
Council. The Public Printer shall be a reputable person, firm 
or corporation, who shall be bona fide engaged in the printing- 
business in the City of Baltimore, to execute the printing re- 
quired by both Branches of the City Council, who shall perform 
the duties required of him, them or it by ordinances not incon- 
sistent with this Article, and who shall, before he, they or it 
enter upon the discharge of his, their or its duties as such, 
execute a bond to the Mayor and City Council of Baltimore, in 
the penal sum of five thousand dollars, with the condition that 
he, they or it will faithfully discharge the several duties incum- 
bent upon him, them or it, which l)ond shall be deposited in such 
place as the Mayor may select for depositing papers of this kind, 
and be delivered by him to his successor in office. 

Baltimore City v. Lyman, 92 Md. .610. 



174 

1906, ch. 565. 
208A. There shall be a Department of Legislative Refer- 
euce of the Mayor and City Council of Baltimore. The head of 
said Department shall consist of a Board composed of the Mayor 
of Baltimore, the City Solicitor, the President of the Johns 
Hopkins University, the President of the Municipal Art 
Society, and the President of the ^Merchants and Manufacturers' 
Association of Baltimore City, and the members of the said 
Board shall serve without pay. The said Board shall employ 
a competent statistician as its executive officer to organize and 
conduct the said Department, and the said executive officer shall 
hold office from the first day of January, 1907, during good 
behavior, and shall be subject to removal by the said Board or a 
majority thereof, for incompetence or neglect of duty. 

1906, ch. 565. 

208B. It shall be the duty of said executive officer to investi- 
gate and report upon the laws of this and other States and cities 
relating to any subject upon which he may be requested to so 
report by the Mayor of Baltimore, any Committee of the City 
Council or the head of any City Department ; to accumulate all 
data obtainable in relation to the practical operation and effect 
of such laws ; to investigate and collect all available information 
relating to any matter which is the subject of proposed legisla- 
tion by the General Assembly of Maryland, or the City Council 
of Baltimore ; to examine acts, ordinances and records of any 
State or city, and report the result thereof to the jMayor of 
Baltimore, any Committee of the City Council or the head of 
any City Department requesting the same ; to prepare or advise 
in the preparation of any bill, ordinance or resolution when 
requested so to do by any member of the City Council ; to pre- 
serve and collect all information obtained, carefully indexed 
and arranged so as to be at all times easily accessible to city 
officials and open to the inspection of the general public; to 
perform such other duties as the said Board may prescribe; and 
to make a full and complete report thereof on or before the first 
dav of February of each and everv vear to cover the work 
for the previous fiscal year ending December thirty-first. 

1906, ch. 565. 

208C. The Board of Estimates shall provide in the ordi- 
nance of estimates for the year 1907, and annually thereafter, 
for the pa\anent of the salary of said Executive Officer, which 
shall not be less than $2,000 per annum, and also a sum suffi- 



175 

cieut to pay all other expenses of the said Department of Legis- 
lative Reference. 



LEGISLATIVE DEPARTMENT. 
CITY COUI^CIL. 

p. L. L., (1860) Art. 4, sec. 12. P. L. L., (1888) Art. 4, sec. 16. 
209. The Legislative Department of the Mayor and City 
Conncil of Baltimore shall be vested in the City Council, which 
shall consist of two Branches, one of which shall be the First 
Branch and the other the Second Branch. 

Baltimore City v. Gorter, 93 Md. 1, 8. 
In connection witli this section, see, Smyrk v. Sharp, 82 Md. 97. 



P. L. L., (1860) Art. 4, sees. 13, 24. P. L. L., (1888) Art. 4, sees. 17, 28. 

210. The First Branch shall consist of one member from 
each ward of the city, who shall be a citizen of the United 
States, above the age of twenty-one years, a resident of the city 
three years preceding his election, and for the same time a resi- 
dent of the w^ard for which he is elected, and assessed with 
property to the amount of three hundred dollars, who has paid 
taxes on the same one year prior to his election, and shall hold 
his office for two years. Each member of the First Branch shall 
be paid a salary of one thousand dollars per annum, payable 

monthly. 

Baltimore City v. Gorter, 93 Md. 8. 
In connection with section 210, see, Kean v. Rizer, 90 Md. 507. Yan- 
neman y. Pusey, 93 Md. 686, 690. 

P. L. L., (1860) Art. 4, sees. 14, 24. P. L. L., (1888) Art. 4, sees. 18, 28. 

1898, ch. 123. 1901, ch. 8. 

211. The Second Branch shall consist of nine members, one 
of whom shall be the President thereof, and shall possess the 
qualifications and bo elected as hereinafter provided. The other 
eight members shall be elected from four Councilmanic Dis- 
tricts, two from each district; said district to be established and 
fixed as herein defined by this Act. The members of the Second 
Branch, excepting the President thereof, shall be citizens of the 
United States above the age of twenty-five years, residents of the 
City of Baltimore four years prior to their election, each of 
whom -has been assessed with property in the said city in the 
sum of five hundred dollars, and who has paid taxes on the same 
for two years prior to his election ; and the said members of the 
Second Bi-iincli slmll liold thcii- offices for four years, except as 



176 

provided iu section 213 of this Article, aud each of them shall 

be paid a salary of one thousand dollars per annum, payable 

monthh'. 

Baltimore City v. Gorter, 93 Md. 8. 

For diet (I of the Court of Appeals in connection with provisions simi- 
lar to those of section 211, sec, Kean v. Rizer, 90 Md. 507. Vanneman v. 
Piisey, 93 Md. 686, 690. 

See proviso of Act 1901, ch. 8. relating to present imcumbents. 

P. L. L., (1860) Art. 4, sec 15. 1888. ch. 397. P. L. L., (1888) Art. 4, 

sec. 19. 1908, ch. 157. 

212. The election for members of the First Branch shall be 
held on the Tuesday next after the first Monday in May in the 
year nineteen hundred and eleven, and upon every fourth year 
thereafter. Their terms of office shall be for four years. Said 
election shall be held by wards, and no person shall be entitled 
to vote for any member of the First Branch except for the 
member for the ward of which the voter is a resident. The 
members of said Branch now in office shall hold office until their 
successors have been elected under the provisions of this Article, 
and have duly qualified. 

Baltimore City v. Gorter, 93 Md. 8. 

r. L. L., (1860) Art. 4, sec. 16. P. L. L., (1888) Art. 4, sec. 20. 
1888, ch. 397. 1890, ch. 10. 1908, ch. 157. 

213. The election for the said eight members of the Second 
Branch shall be held on the Tuesdav next after the first Mondav 
in May, in the year nineteen hundred and eleven, and upon every 
fourth year thereafter. Their terms of office shall be for four 
years. The members of the Second Branch now in office shall 
hold office until their successors have been elected under the pro- 
visions of this Article, and have duly qualified. 

Baltimore City v. Gorter, 93 Md. 8. 

214. There shall be elected on the Tuesday next after the 
first ]\Ionday iu May, in the year eighteen hundred and ninety- 
nine, and upon every fourth year thereafter, from the city at 
large, a person to be the President of the Second Branch of the 
City Council, who shall possess the qualifications required and 
hereinbefore defined, of the Mayor of the City of Baltimore. 
His duty shall be to preside over the Second Branch of the City 
Qouncih and vote on all questions, and perform such other 
duties as may be prescribed by ordinances not inconsistent with 
this Article. He shall be paid a salary of three thousand dollars 
per annum, payable monthly. A joint convention of the two 



177 

Branches of the City Council, by a majority vote of all the 
members elected to the City Council, may remove from office 
the President of the Second Branch for incompetency, wilful 
neglect of duty or misdemeanor in office, upon charges preferred 
by the Mayor, and after notice of such charges is given to the 
President of the Second Branch, and an opportunity afforded 
him to be heard. 

Baltimore City v. Gorter, 93 Md. 8. 

P. L. L.. (1860) Art. 4, sees. 17, 18. P. L. L., (ISSS) Art. 4, sees. 21, 22. 

215. The qualifications of electors of members of the City 
Council shall be the same as those of electors of the Mayor, All 
vacancies in the First Branch shall be filled without delav bv 
the First Branch from the ward in which the said vacancy 
occurs, by an election of a person possessing the qualifications 
hereinbefore prescribed, to fill the unexpired term of the former 
incumbent. If a vacancy occurs in the Second Branch, then 
said Branch shall forthwith fill said vacancy by the election of a 
person possessing the qualifications hereinbefore prescribed 
from the city at large or from the proper Councilmanic District, 
if there be such District at that time. 

Baltimore City v. Gorter, 93 Md. 8. 

P. L. L.. (1860) Art. 4, sec. 20. 1868, ch. 451. 1888, eh. 397. P. L. L., 

(1888) Art. 4, sec. 24. 

216. The City Council shall meet on the Thursday next after 

the third Monday in May, in the year eighteen hundred and 

ninety-nine, and upon the same day in each year thereafter, and 

may continue in session for one hundred and twenty days, and 

no longer, in each year ; provided, that they may, by ordinance 

or resolution, so arrange their sittings that the same may be 

held continuously or otherwise, and provided further, that the 

Mayor may convene the City Council in extra session, as he may 

now do by the fourth section of the eleventh Article of the State 

Constitution. 

Baltimore City v. Gorter, 93 Md. 8. 
Ordinances introduced during first legislative year may he passed 
during second legislative year.. 

Bond V. M. & C. C, 111 Md. 364. 

P. L. L., (1860) Art. 4, sees. 21, 22, 23. P. L. L., (1888) Art. 4, 

sees. 25, 26, 27. 

217. Each Branch of the City (Council may compel the at- 
tendance of absent members, in such manner and under such 
penalties as it may 1)V oi'dinance provide. The First Branch 



178 

shall appoint its o^^^l President, who shall preside at all its 
sessions, and shall vote on all questions, and in case of the 
absence, sickness or other disqualification of the Mayor and the 
President of the Second Branch, shall perform all the duties of 
the office of Mayor during the period in which the sickness, ab- 
sence or disqualification of said officer shall continue. Each 
Branch of the City Council shall judge of the election and 
qualifications of its ovra members, subject to appeal by petition 
of the partv ac'S'rieved to the Baltimore Citv Court. With the 
concurrence of three-fourths of the whole members of either 
Branch, it may expel any member for disorderly behavior or 
misconduct in office, but not a second time for the same offense. 
Each Branch shall adopt its own rules of procedure, not incon- 
sistent with this Article, appoint its own officers, regulate their 
respective compensation not to exceed in the aggregate the 
amount appropriated by the ordinance of estimates, and remove 
them at pleasure. Each Branch shall keep a journal of its pro- 
ceedings, and enter yeas and nays on any question, resolution 
or ordinance, at the request of any member, and the delibera- 
tions of both Branches shall be public. 

Heiskell v. M. & C. C. of Baltimore, 65 Md. 125. Zeiler v. Central 
Ry. Co., 84 Md. 304. Balto. City v. Gorter, 93 Md. 8. Cf., Murdoch v. 
Strange, 99 Md. 89. 

Potvers of Second Branch City Council. The Charter having clothed 
the Second Branch with plenary jurisdiction over an election contest, 
all the powers necessary to make the jurisdiction effective are not 
implied as incidentally granted. Rules of procedure are binding only 
upon members and upon others coming within their sphere. Venable v. 
Upshur, Daily Record, October 11, 1901. 

P. L. L.. (1860) Art. 4, sec. 33. P. L. L., (1888) Art. 4, sec. 29. 

218. The Ma.yor and City Council of Baltimore shall have 
power to pass all ordinances necessary to give effect and opera- 
tion to all j)owers vested in the corporation of the City of 
Baltimore. 

AGENTS OF THE MUNICIPAL CORPORATION. 

Adoption of Unauthorised Acts of Agents. The municipal corporation, 
in the absence of any required legislative formality, may ratify and 
adopt a contract made by its agents unauthorized, if the subject-matter 
thereof be within its power and control and the contract could have been 
previously authorized by ordinance. 

Baltimore v. Weatherby, 52 Md. 442. ^ 

Implied Anthoriti/ of Agents. From considerations of public policy, 
public corporations such as states or municipalities, are exempt in a 
greater degree from responsibility for implied authority founded on the 
conduct of those whom they employ. 

Tome V. Parkersburg, 39 Md. 75. 



179 

Unauthorised Acts of Agents. A municipal corporation cannot be held 
liable for the unauthorized acts of its agents. 

Mayor & C. C. of Baltimore v. Eschbach, 18 Md. 276. 

No Presumption of Ratification. Cities and other purely municipal 
corporations ****** have neither property or power for purposes 
of personal aggrandizement ********* They are themselves 
agents * * * * and are not to be presumed to recognize and incidentally 
ratify and confirm acts of their officers beyond the scope of their authority. 
Mayor, etc. v. Reynolds, 20 Md. 1. 

APPROPRIATIONS. 

Appropriations to aid institutions of a benevolent and charitable char- 
acter not created by municipal power conferred on the 'Mayor and City 
Council of Baltimore, are unauthorized. 

St. Mary's Industrial School v. Bi'own, 45 Md. 310. 

Color Line. The state or a municipality may lawfully grant aid to a 
private educational institution from which colored people are excluded. 
Clark V. Maryland Institute, 87 Md. 64.3. 

BALLOTS. 

Appointment of Officers. When a municipality is. empowered by 
charter to provide for the appointment of certain officers, and an ordi- 
nance provides that these officers shall be chosen by ballot, then, accord- 
ing to the principles of the common law, a blank ballot cannot be counted 
in estimating the total number of votes cast ; and the municipality has 
no power, to declare by resolution, or adopt by usage, as a rule of pro- 
cedure, that in the election of officers, a blank ballot shall be counted 
as a vote. 

Murdoch v. Strange, 99 Md. 104. 

BUILDINGS. 
Refusal of Permits. A municipal ordinance authorizing a permit for 
a new building to be refused at the discretion of a municipal agency 
because a building to be erected does not conform in general chai'acter 
to the other buildings in the neighborhood of proposed building is void. 
The Charter power to regulate buildings in Baltimore City is limited to 
regulations guarding against dangers arising from unsafe construction 
or from the use of inflammable materials, or some similar exercise of 
the police power. 

Bostock V. Saras, 95 Md. 400. 

CITY COUNCIL. 

City Council Committees. Rule laid down as to when the investigation 
of a City Council Committee will not be interfered with. 

Williams v. Smyrk, Daily Record, February 18, 1895. 
Province of the City Council in rclatioii to power to pass ordinances. 
Smyrk v. Sharp. S2 Md. 97. 

Tax Rate. The City Council is not authorized to fix the tax rate 
before the report of the Board of Estimates. Right of the City Council 
to change appropriation proposed in the Ordinance of Estimates, 
Baltimore City v. Gorter, 93 Md. 8. 



180 

CONTRACTS. 

Contracts with the Municiixtlity. The rights, powers and liabilities 
of a municipality mii.st be considered with reference to the subject-matter 
to which such contracts relate, and the character in which the municipal 
body acts in making them. But in respect to contracts made by them in 
the exercise of powers intrusted to them in their municipal character, 
exclusively for public purposes, courts have no power to review or 
control their acts, unless tliey transcend the limits of their delegated 
powers. 

Rittenhouse v. Mayor, 25 Md. 336. 

Modification of Contracts. Power of the municipal corporation to 
modify a contract authorized by the Legislature, discussed in — 
Cumberland v. Wilson, 50 Md. 138. 

JJltra Vires Contracts. When the contract is one which a municipal 
cori)oration has no authority to make, and is one which will increase the 
burden of taxation, then an injunction to prevent its execution may 
issue at the instance of any taxpayer. 

Where a special power is conferred upon officers of a municipal cor- 
poration to make a contract, and the terms and conditions upon which 
the authority is to be exercised are prescribed, there must be at least a 
substantial compliance with such terms and conditions, or tlie contract 
will be invalid. Baltimore v. Keyser, 72 Md. 109. 

Same. When an Ultra Vires Contract of Municipal Corporation may 
hecome valid. When a contract by a municipal corporation is ultra vires 
it becomes valid when subsequently confirmed by the Legislature, if the 
contract is one which the Legislature might have originally authorized. 
An injunction will be granted to protect and secure rights acquired 
under a lawful municipal ordinance. 

C. & P. Telephone Co. v. Baltimore, 89 Md. 689. 

Same. Not an Impairment of a contract. A municipal corporation 
cannot make a contract which deprives subsequent municipal authorities 
of their legislative power. The ultra vires contract of a municipal cor- 
poration is not within the provision of the Federal Constitution for- 
bidding the impairment of contracts, because where no valid contract 
exists, there can be no impairment of its obligation. 

Westminster Water Co. v. Westminster, 98 Md. 551. 

ESTOPPEL. 

Application of the Doctrine to a Municipal Corporation. The doctrine 
of estoppel applied against the city in a case where the act done, was 
strictly within the powers of the Mayor and City Council of Baltimore, 
but the corporation failed to comply with some formality or regulation 
which it should not have neglected. 

Rose v. Mayor, 51 Md. 256. 

FRANCHISES. 

Franchises granted by the Legislature cannot be annulled by ordinance 
of the Mayor and City Council of Baltimore. 

Lake Roland Elv. R. R. Co. v. Baltimore, 77 Md. 352. 



181 

IMrROVEMENTS. 

Abandonment of same by City. A municipal corporatiou lias the right 
to abandon any contemplated improvement and repeal at its pleasure 
any ordinance providing for the same, and after such abandonment 
property owners cannot compel the corporation to take and pay for 
property condemned for such purposes ; nor does any action lie for an 
abandonment merely. But where the owner of property suffered loss 
or damage by the acts or delay of the corporation in any such case, he 
is entitled to redress for the same. 

Mayor v. Musgrave, 48 Md. 272. Lake Roland Blv. R. R. Co. v. Balti- 
more, 77 Md. 352. 

LEGISLATURE. 

Power to make Valid Defective Municipal Proceedings. The Legis- 
latui'e in an act conferring powers upon a municipal corporation, may 
make valid previous defective proceedings. 

M. & C. C. of Baltimore v. Reitz, 50 Md. 574. 

Poicer to make Valid Ultra Vires Contract. The principle that the 
Legislature may render valid a contract made by a municipal corpora- 
tion, though ultra vires at the time it was made, if the contract is one 
which the Legislature might originally have authorized, applies with 
peculiar force to the case of a contract relating to work in which the 
public is interested and which is for the public benefit after it has been 
executed. 

O'Brian v. Baltimore County, 51 Md. 15. 

LICENSES. 

Poiver to Impose License Fees. A municipal corporation is not author- 
ized to impose license fees or taxes upon particular trades or industries, 
unless the power to do so has been conferred upon the municipality by 
the State. 

Cambridge v. Water Co., 99 Md. 503. 

MARKETS. 

Police Power. The right to regulate markets is a police power. 

State v. Rowe, 72 Md. 548. 

MAYOR AND CITY COUNCIL OF BALTIMORE. 

Nature of the Corporation. The Mayor and City Council of Baltimore 
are but trustees of the public; the tenure of their office impresses their 
ordinances with liability to change. They could not, if they would, 
pass an irrevocable ordinance. The corporation cannot abridge its 
legislative powers. 

State v. Graves, 19 Md. 351. Lake Roland Elv. R. R. Co. v. Balto.. 77 
Md. 352. 

Public Convenience and Welfare. When the power is conferred upon 
the Mayor and City Council of lialtimore to do certain acts when, in its 
opinion, "the public convenience and welfare require it," its .iudgment 
upon the question is final. 

Mayor, &c., of Balto. v. Clunet, 23 Md. 450. 



182 

ORDINANCES. 

Compihitiini of Onlindtwes. It is competent for a municipal legisla- 
ture by a single ordinance to declare any compilation of ordinances or 
proposed ordinances to be in force, in the absence of a statutory pro- 
hibition. 

Garrett v. Janes, 65 Md. 260. 

Construction of Ordinances. A municipal corporation may pass an 
ordinance within the limits of its delegated powers, contingent as to its 
operation and effect on the existence or occurrence of facts germane to 
its subject-matter. The same general rules of construction which govern 
the interpretation of Acts of the Legislature are equally applicable to 
the legislative acts of a municipal corporation. 

Mayor v. Hughes, 1 G. & J. 480. State ex. rel. Mayor v. Kirkley et al. 
29 Md. 85. 

General Ordinances. Rights of a citizen under general ordinances — ■ 
When a citizen is entitled to certain rights under a general municipal 
ordinance, he cannot be deprived of them by a resolution of the City 
Council which excepts him from the operation of the ordinance, but 
leaves it in force. 

Gallagher v. Flury, 99 Md. 181. 

Neto Charter. — Its effect upon existing ordinances. 

Bostock V. Sams. 95 Md. 400. 
Ordinance of Estimates. Powers of City Council and Board of Esti- 
mates in relation thereto under the New City Charter. 
Baltimore City v. Gorter, 93 Md. 8. 

Ordinances. — An ordinance has all the force of statute law upon the 
City itself and all its citizens, and it can no more be ignored by the 
municipal corporation or any of its branches of government, than it 
could be by the humblest citizen. 

Bond v. Malster, Daily Record, July 6, 1899. 

Preamhle of Ordinance or statute, may be a key to its proper construc- 
tion and interpretation. 

Mayor v. Moore, 6 H. & J. 381. 

Recitals in Ordinances of Basis of Power Unnecessary. Where the 
power actually exists to pass an ordinance, no power need be stated 
therein as its basis. 

Methodist Protestant Church v. Mayor, &c., 6 Gill 391. Baltimore v. 
Ulman. 79 Md. 384. 

Repealing Ordinances. A repealing ordinance cannot affect or destroy 
any right which was acquired under the first ordinance before its repeal. 
McMechin v. Mayor. 2 H. & J. 41 : 3 H. & J. .534. 
Same. Priority Bettccen Ordinances. Repeal of ordinances by impli- 
cation. Smyrk v. Sharp, 82 Md. 97. 

Validity of Ordinances. An ordinance is not invalid and void simply 
because in its passage the rules of procedure of the City Council have 
been violated, and the Court cannot inquire into such violation. 
Zeiler v. Hooper, Daily Record, Sentemher 23, 1896. 



183 

Violation of Municipal Ordinances. When restrained. The violation 
of a municipal ordinance will not be restrained by injunction at the 
instance of a party who does not show tliat such violation will work 
some special or irreparable injury to him. 

King V. Hamill, 97 Md. 103. 

Void Ordinances. Where a municipal corporation is seeking to enforce 
a void ordinance, a court of equity has jurisdiction, at the suit of any 
person injuriously affected thereby, to stay its execution by injunction. 

Baltimore v. Radecke, 49 Md. 217. Baltimore v. Scharf, 54 Md. 526. 
Deems v. Mayor & C. C. of Balto., SO Md. 172. 

POWERS OF MUNICIPALITY. 

Definition and Discussion of the Various Municipal Powers. Control 
of the Legislature over corporate powers. 

M. & C. C. of Baltimore v. State, 15 Md. 376. Glenn v. Mayor, 5 
G. & J. 424. 

A Municipal Corporation cannot abridge, diminish or enlarge its own 
powers by a rule made by itself. 

Heiskell v. M. & C. C. of Baltimore, 65 Md. 125. 

Construction of Powers. The powers of a public corporation are to be 
strictly construed. 

Baltimore v. Gill, 31 Md. 375. 

Delegated Powers. 

Mayor, &c. v. Hughes, 1 G. & J. 480. 

Exercise of Powers. Ordinances passed in exercise of particular 
powers. The exercise of a power delegated to the municipality for the 
l>ublic good, is imperative and not discretionary. What constitutes a 
valid exercise of a power delegated to the Mayor and City Council of 
Baltimore. 

Glenn v. Mayor, 5 G. & J. 424. Mayor, &c. v. Marriott, 9 Md. 160. 
Deems v. M. & C. C. of Baltimore, 80 Md. 172. 

Same. Power to Provide for Exercise of a Delegated Power. The 
possession of a power by a corporation to do an act, is of itself the pos- 
session of the right to provide for the doing of the act by agents. But 
the giving of a power to a corporation, and the authority to provide for 
the exercise of the power, are different. The authority to provide for 
the exercise of a power not being the possession of the power itself, but 
a right only to confer it, or to authorize the exercise of it by others. 
Mayor, &c., Balto. v. Howard, 6 H. & J. 389. 

Legislature. When the Mayor and City Council of Baltimore are 
liresuuied to have all the power of the Legislature in a particular case. 

Harrison v. Mayor, 1 Gill. 264. 

Limitation on Exercise of Munivipal Powers. The corporate authori- 
ties of the city can exercise no power which is not, in express tei'ms, or 
hy f;iir and reasonable implication, conferred \\\)o\\ th»> corporation. 
St. Mary's Industrial School v. Brown, 45 Md. 310. 



184 

Police Power. Tlie power of the municipality in relation to streets is 
classed as belonj^inj: to the police power; it is the duty of the city to 
preserve them ft)r lejiitiniate purposes. 

Lake Rol. Elv. K. K. Co. v. Balto., 77 Md. 352. Deems v. M. & C. C. 
of Balto., SO Md. 172. 

Power to Regulate does not include Power to Prohibit. The power 
given to a municipality to regulate the manner of doing a thing, does 
not include the power to prohibit altogether the doing of the thing. The 
power given by statute to the Mayor and City Council of Baltimore to 
regulate the manner of appointing persons to office under the corpor- 
ation does not embrace a power to destroy the right of the Mayor to 
nominate such officers, subject to confirmation by the City Council, when 
such right is expressly conferred by statute upon the Mayor. 

Hooper v. Creager, 84 Md. 256. 

QUORUM. 
A Majority of a legislative body is in all cases a quorum, entitled to 
act for the whole, except when the power that created it has otherwise 
directed. A majority of the members of each Branch of the City Council 
of Baltimore is a quorum. 

Zeiler v. Central Ry. Co., 84 Md. 304. 

TAXING POWER. 

Belongs to Legislature. The taxing power belongs to the Legislature 
and it will not be held as conferred upon a municipal corporation unless 
it be by express and unequivocal language or necessary implication. 

State V. Rowe. 72 Md. 548. 

ULTRA VIRES ACTS. 
Incapable of Ratification. Where the Mayor and City Council of 
Baltimore has no power to authorize an a*ct to be done, it being ultra 
vires, it has no power to adopt it after it is done. 

Horn V. Mayor, 30 Md. 218. 

The necessity and reasonableness of the passage of an ordinance is 
primarily committed to the Council, and unless the ordinance is purely 
arbitrary, oppressive and capricious, the Courts will not interfere to 
prevent its enforcement. 

Baltimore v. WoUman, 123 Md. 310. 

P. a. L., (1860) Art. 37, sec. 48. P. L. L..- (1888) Art. 4, sec. 15. 

219. Ordinances and resolutions of the Mayor and City 
Council of Baltimore may be read in evidence from the printed 
volumes thereof published by authority of said corporation. 

Garrett v. Janes, 65 Md. 265. Central Savings Bank v. Baltimore, 71 
Md. 523. 

In relation to construction of sec. 219. see also. Shanfelter v. Mayor, 
etc., 80 Md. 487. Field v. Malster, 88 Md. 704. 

220. The style of all ordinances shall be : ''Be it ordained 
by the Mayor and Citv Council of Baltimore." 



185 

221. Every legislative act of the Mayor and City Council of 
Baltimore shall be by ordinance or resolution. No ordinance or 
resolution shall be passed except by a vote of a majority of all 
the members elected to each Branch, and on its final passage the 
vote shall be taken by yeas and nays, the names of members 
voting for and against the same being entered on the journal. 
Every ordinance enacted by the city shall embrace but one 
subject, which shall be described in its title, and no ordinance 
shall be revived, amended or re-enacted by mere reference to its 
title, but the same shall be set forth at length, as in the original 
ordinance. And no ordinance shall become effective until it be 
read on three different days of the session in each Branch, unless 
all the members elected to the Branch where such ordinance is 
pending shall so determine by yeas and nays, to be recorded on 
the Journal, and no ordinance shall be read a third time until 
it shall have been actually engrossed for a third reading. 

Glenn v. M. & C. C. of Baltimore, 5 G. & J. 424, 429. Central Savings 
Bank V. Balto., 71 Md. 523. Baltimore City v. Gorter, 93 Md. 8. C/., 
Dreunen v. Bank, 80 Md. 316. Whitman v. Stoll, SO Md. 417. Baltimore 
City V. Stewart, 92 Md. 547. Sindall v. Baltimore City, 93 Md. 526. 
Hagerstown v. Startzman, 93 Md. 612. Ordinances inti-oduced during 
first legislative year may be passed during second legislative year. 
Bond V. M. & C. C, 111 Md. 364. 
As to sufficiency of title, see, 

Baltimore v. Wollman, 123 Md. 310. 

222. In case it becomes necessary for the President of the 
Second Branch to fill the unexpired term of the Mayor, as herein 
provided, the Second Branch shall thereupon elect a new Presi- 
dent for the unexpired term, but they shall not elect as such 
President one of their own number. 

MISCELLANEOUS LOCAL LAWS. 

ADVERTISEMENTS. 

1908, ch. 142. 

222a. That whenever the Mayor and City Council of Balti- 
more or any official, ofiicer, employee, agent or agency thereof, 
shall be required or authorized under the provisions of any 
general or local law, or ordinance, now in force or hereafter to 
be enacted or adopted, to publish a notice of any description 
what.soever in more than one newspaper, one of siu^h news- 
papers, in the discretion of the said municipal corporation, or of 
the said official, officer, employee, agent or agency thereof, may 
be a newspaper published in the German language, and such 



186 

publication shall under such circumstances have the same 
validity in all respects as if such newspaper was published in 
the English language, but nothing in this Act shall be taken as 
affecting the provisions of section 49 of Article 4, title "City of 
Baltimore,'' of the Code of Public Local Laws of Maryland. 

1914, ch. 477. 

222b. That any notice or advertisement required by any 
law or ordinance to be published once in a daily newspaper by 
any department, sub-department, municipal officer not embraced 
in a department, or special commission or board of the Mayor 
and City Council of Baltimore, or by any other party, may here- 
after be published in the Municipal Journal, issued by the 
Mayor and City Council of Baltimore, instead of in a daily 
newspaper. Any such advertisement or notice required by any 
law or ordinance to be inserted once or more than once in two 
01" more daily newspapers published in the City of Baltimore 
may hereafter be inserted in one daily newspaper published in 
said city, the number of times required by such law or ordi- 
nance, and in every issue of the Municipal Journal published 
during the time said advertisement or notice is running. Any 
advertisement or notice which is hereafter published, as herein- 
above directed, shall have the same legal effect as if it had been 
published in strict conformity to the law or ordinance requir- 
ing such publication, as such law or ordinance existed prior to 
the passage of this Act. And all laws and parts of laws, and 
all ordinances and parts of ordinances inconsistent with this 
Act are hereby repealed to the extent of such inconsistency, 
provided that nothing contained herein shall affect the provision 
of any law requiring any advertisement to be inserted in a paper 
published in the German langiiage, and nothing herein shall 
prevent the Mayor and City Council of Baltimore, or any de- 
partment, sub-department, municipal officer not embraced in a 
department, or special commission or board from inserting any 
advertisement or notice in one or more than one daily news- 
paper published in the City of Baltimore, in addition to the 
advertisement herein provided for in the Municipal Journal, 
whenever in its or their judgment such additional advertisement 
should be made. 

ARBITPtATION— COURT OF. 

1878, ch. 383. P. L. L., (1888) Art. 4, sec. 65. 

223. The Board of Trade shall have power and authority to 
create and organize within itself a Court of Arbitration for the 



187 

adjudication and settlement, according to the principles of law, 
equity and commercial usage, or of either, applicable thereto, of 
any and all controversies concerning or growing out of contracts 
of sale, manufacturing or letting on rent ; of the making or 
negotiating or transfer of bills of exchange, promissory notes, 
bills of lading, railroad, warehouse or similar receipts, and other 
such commercial paper; of guaranties, of agency, of bailment, 
of partnership, of insurance, of affreightment, or of any other 
transaction, of whatever specific class, pertaining to trade, com- 
merce, navigation, manufactures or mechanical arts, or business 
connected with any of these, or contracts for personal work, 
labor and service done or rendered, or to be done or rendered, in 
and about the pursuit and transactions of trade, commerce, 
navigation, manufactures or mechanical arts, one or more of the 
parties to which controversies is or are members of the said 
corporation, in all cases wherein such controversy is by the con- 
sent of all the parties thereto, signified by a submission in writ- 
ing, referred for adjudication and settlement to said court. 

As to rule when Public Local and Public General laws conflict, see, 
Everett \. Avery, 19 Md. 143. Mayor v. Groshon, 30 Md. 436. Cooper 
V. Holmes, 71 Md. 20. McCraeken v. State, 71 Md. 54. State v. Falken- 
ham, 73 Md. 466, 467. Hooper v. Creager, 84 Md. 259. Herbert v. Co. 
Com'rs, Balto. Co., 97 Md. 639. 

1878. ch. 383. P. L. L., (1888) Art. 4, sec. 66. 

224. In order to the due and effective execution of the power 
in the next preceding section granted, the said corporation shall 
have the further power, either directly in corporate meeting, 
whether the regular annual meeting or a special meeting called 
for the purpose by reasonable notice to all the members, of the 
time, place and object thereof, by advertisement in one or more 
of the daily newspapers of the City of Baltimore, or else by dele- 
gation, in such meeting, by rule or otherwise, made through the 
officers and directors, constituting the Board of Directors or 
management of said corporation, in either case by the con- 
curring votes of a majority of the members of said corporation 
or Board of Directors, as the case shall be, present at such meet- 
ing of the one or the other for the purpose — pro^'ided there be 
then and there a quorum present, as constituted by the Constitu- 
tion, Articles of Association or By-Laws of the said corporation 
or Board of Directors — from time to time to elect from among 
those persons who have been, or before any such election shall 
have been, admitted to practice law in this State, one learned in 
the law and possessing such other qualifications as the said cor- 
poration sli;ill, by rule or regulation, as hereinafter empowered. 



188 

prescribe, whether such person be a member of said corporation 
or not, unless otherwise provided by such rule or regulation, as 
Judge of the said Court of Arbitration, and also to elect in like 
manner, or to provide for the election or appointment of a Clerk 
of the said Court; and shall have power also, by rules and regu- 
lations duly adopted by the said corporation in such corporate 
meeting as aforesaid, or by the delegation of said corporation in 
such meetings made by its said Board of Directors to define the 
duties, powers and functions of the said Judge and of the said 
Clerk, and of any other members or officers of the said Court of 
Arbitration provided for as hereinafter is authorized, and to 
determine the jurisdiction of the said Judge, original and ap- 
pellate, whether sitting alone or with laymen, members of the 
said corporation associated with him, and to fix the term of time 
for which the said Judge and the said Clerk, respectively, shall 
be elected, and the terms and conditions upon which each shall 
hold or continue to hold his office, and the amount and mode of 
the compensation of each, not to be diminished, however, during 
the currency of the term of office; to provide for the appoint- 
ment of .temporary substitutes for the said Judge and the said 
Clerk, or either, when from any cause this shall be necessary for 
the prompt administration of the justice of the court, and also 
for the appointment of lay arbitrators as members of the said 
corporation, for the hearing and determination of a particular 
case, either in the first instance with right to the parties, or 
either or them, to appeal to the said Judge, or as assessors 
associated with the said Judge when parties so choose, and to 
define, in such cases, the powers, duties and authority of such 
lay arbitrators or assessors; and also prescribe the forms and 
modes of application, procedure, pleading, practice, trial and 
process in the said court, in all the necessary details thereof, and 
the effect of the awards and judgments or decisions of the said 
court, as to the finality or conclusiveness or otherwise thereof, 
and the methods and means of securing compliance therewith by 
the parties; and also to regulate the costs and fees to be paid by 
the parties to any such controversy, so submitted, and the 
amount and time and manner of payment thereof, and the dis- 
position of such costs and fees ; provided, however, that no such 
rule or regulation shall be valid if it shall be contrary to the 
general law of the State, or to natural right or sound reason, or 
to be intended to provide for enforcing payment or other per- 
formance of the award, judgment or decision of the said Court 
or Board of Arbitration by any final process of execution other- 
wise than is directed in the succeeding section. 



189 

187S, ch. 383. P. L. L., (1888) Art. 4, see. 67. 

225. When, in any such case so submitted as is hereinbefore 
provided, an award, judgment or decision shall have been ren- 
dered by the said Court or Board of Arbitration, that is, accord- 
ing to the rules and regulations hereinbefore authorized, final 
and conclusive upon the parties, and shall have been recorded by 
the Clerk of the said Court in a book to be provided and kept for 
the purpose within a time limited therefor in the said rules and 
regulations, the successful party shall have the right to have the 
said original award, judgment or decision in writing, signed by 
those members of the said Court or Board concurring therein, 
and duly certified by the Clerk to be the original award, judg- 
ment or decision, under his hand and seal of the corporation; 
and if the said award, judgment or decision, shall be for the 
recovery by the one party and pajmient to him by the other, of a 
certain sum of money, the said successful party shall, upon his 
filing the said award, judgment or decision so certified, with the 
Clerk of the Superior Court of Baltimore City, or at his option 
with the Clerk of the Court of Common Pleas of said city, have 
the right to have the same entered by its proper style, in the 
name of such successful party as plaintiff, against the losing 
party as defendant, in its order of time, upon the court calendar 
or docket of causes to be called at the next succeeding term or 
rule day of said court, whichever shall first occur, and upon the 
call thereof in its course, to have judgment at once ordered and 
entered up, as upon a verdict for the recovery of the same 
amount, according to the practice of said court, and to have 
process of execution for its enforcement and satisfaction in all 
respects as if the said amount had been recovered by a judg- 
ment of the said court in a regular suit between the same parties 
in the same relative position on the record, there instituted and 
prosecuted in the ordinary modes of proceeding therein ; but if 
the said award, judg-ment or decision shall be for the recovery 
by the one party, and the surrender or delivery by the other to 
him of the possession of specific property, the said successful 
party, upon filing such award, judgment or decision, so certified 
as aforesaid, with the Clerk of the Circuit Court of Baltimore 
City, or such other court therein as shall at the time have juris- 
diction there of causes in equity, shall have the right, on or at 
any time after the first day of the next succeeding term, or on 
or at any time after the next succeeding rule day of the said 
court, whichever shall first occur, to have, upon motion therefor, 
an order made by the said court, affirming the said award, judg- 
ment or decision, and making the same a decree of the said 



190 

court, aud to have the same enforced, if the recovery be of the 
possession of hmd, freehold or leasehold, by a writ in the nature 
of a writ of habere facias possessionem, such as the said Court 
is authorized to issue for the purpose of putting a purchaser 
under its decree in possession of the land purchased by him, and 
to be executed in the same manner and by the same officer 
against such losing party to such award, judgment or decision, 
and any and all and every other person in possession of said 
land, claiming the same bv virtue of a title derived from, 
through or under such losing party, and acquired subsequently 
to the date of such award, judgment or decision, which said 
writ the said court is authorized and empowered to issue for this 
purpose upon application in writing of such successful party to 
the said award, judgment or decision, in person or by attorney, 
verified by the affidavit of himself or his attorney, unless good 
cause to the contrary shall be shown by such party in possession 
within not less than fifteen or more than thirty days after notice 
in writing of such application served upon such party in pos- 
session in person ; and if the recovery be of the possession of 
personal chattels, by such process of execution and compulsion 
as in the chancery practice of this State, is usual and proper for 
the enforcement of a decree for the specific delivery of personal 
chattels. 

ARBITRATION COMMITTEE OF THE CORN" AND 

FLOUR EXCHANGE. 

1870, ch. 136. P. L. L., (1888) Art. 4, sec. 68. 

226. The Board of Directors of the Corn and Flour Ex- 
change shall annually elect by ballot, five members of the asso- 
ciation, who are not members of the Board, as a committee, to 
be known as the Arbitration Committee of the Baltimore Corn 
and Flour Exchange. The Board of Directors may, at any 
time, fill any vacancy in said conmaittee for the remainder of 
the term in which such vacancy may happen. The duty of the 
Arbitration Committee shall be to hear and decide any contro- 
versies which may arise in business between the members of 
said organization or said members and other persons as may be 
voluntarily submitted to the said committee for arbitration ; 
and such members and persons may by an instrument in writing, 
signed by them and attested by a subscribing witness, agree to 
submit to the decision of said committee any such controversy 
so arising as might be the subject of an action at law or in 
equity, except claims of title to real estate. 



191 

1870, ch. 136. P. L. L., (1888) Art. 4, sec. 69. 

227. The mode of proceeding of said Arbitration Com- 
mittee, shall be regulated by the by-laws of the corporation, 
which shall be substantially complied with in all cases, without 
prejudice, however, to any award from merely formal irregu- 
larity. The said committee shall have power to apply to any 
Justice of the Peace for the City of Baltimore to issue subpoenas 
and other compulsory process to procure the attendance of 
witnesses before it; and all justices so applied to in writing, 
signed by the chairman or acting chairman of said committee, 
shall issue such process forthwith, the cost of the same, and of 
the attendance of the witnesses so summoned, to be the same as 
in civil suits before such justices, and to be collectible from the 
parties on whose behalf the said witnesses shall be summoned 
and attend, in the same manner and by the same means, as if 
adjudged to be paid by a judgment of the justice who shall act 
in the premises in a civil suit between the same parties depend- 
ing before him. A majority of said committee may act in all 
cases, and a majority of such majority shall have power to 
render an award in the name of and as an act of the committee. 
No dissenting award or opinions shall be rendered or placed 
among the proceedings, or upon the records of the committee or 
the corporation ; the award of the committee rendered in con- 
formit}- herewith, and as prescribed by the by-laws, shall be 
conclusive on all parties to the submission. It shall in all cases 
be in writing, signed by the members of the committee who 
agreed upon it, and tiled among the proceedings of the commit- 
tee, but copies shall be given by the secretary, with his attesta- 
tion and the seal of the corporation attached, to the respective 
parties, as soon as may be after said award shall have been 
rendered. 

As to setting aside an award under arbitration, see, Mitcliell v. Price, 
Daily Kecord, February 10, 1894. In relation to arbitration and award, 
see also, Koberts v. Consumers' Can Co., 102 Md. 302. 

1870, ch. i;;('). P. L. L., (1888) Art. 4, sec. 70. 

228. If the parties to any submission shall agree to do so 
they may stipulate as part of said submission, in writing, that 
the award of the committee rendered in conformity herewith 
and with the by-laws, shall stand and avail as against them to 
the same effect as a judgment or decree of a court of competent 
jurisdiction, in which case either party desiring and entitled to 
the enforcement of said award, may file a copy of the same and 
of the submission, attested under seal by the secretary of the 



192 

corporation, for record with the clerk of any court of tliis State 
having jurisdiction of the subject-matter, and the person against 
whom said enforcement is sought ; and thereupon it shall be the 
duty of said court, on motion or application, ex parte, at any 
time after ten days from the filing of the award, to enter judg- 
ment or decree thereupon, as upon a final award made by 
referees under rule of court ; upon which judgment or decree, 
execution shall issue without stay. No matter afi^ecting the title 
of real estate, however, shall be submitted to or arbitrated by 
the said committee under this or the preceding section, but the 
committee may direct in its award the payment of the costs and 
expenses of the arbitration, and the amount thereof shall be 
embraced as a principal sum in the judgment or decree to be 
rendered; if awarded, to be paid by the party against whom, 
such judgment or decree is sought. No judgment or decree 
rendered on any such award shall be liable to be stayed, except 
upon allegation, under oath of the defendant, of manifest fraud 
in the procurement or rendition of the award, or of a material 
and substantial failure of the committee specifically alleged and 
set fortli, to comply with the by-laws or sections 226 or 227, in 
the hearing and determination of the matters submitted ; nor 
shall any such judgment or decree be quashed, modified or 
stricken out, except upon satisfactory proof of the matters so 
required to be so alleged ; neither shall there be any appeal in 
any case from the original judgment, order or decree, whereby, 
after a hearing of the allegations and proofs as aforesaid, the 
said original judgment or decree shall be maintained. 

ASSAULT AND BATTERY. 

p. L. L., (1860) Art. 4, sec. 155. P. L. L., (1888) Art. 4, sec. 71. 

229. Any person who shall, without any provocation, assault 
and beat any person in any of the streets, lanes, alleys or 
highways of the City of Baltimore, or at any place of public 
resort or amusement, between the hours of six o'clock in the 
evening and six o'clock the following morning, or who shall 
counsel, aid or abet in such assault and battery, shall be fined in 
a sum not less than twenty-five dollars and be imprisoned not 
less than one month, or the Judge of the Criminal Court of 
Baltimore City, or the judge having jurisdiction of the ofi^ense, 
may, in hiS discretion, sentence the person convicted of such 
offense to confinement in the penitentiary for a period not less 
than six months nor more than two years. 

P. L. L., (1860) Art. 4, sec. 156. P. L. L., (1888) Art. 4, sec. 72. 

230. It shall not be necessary to state with more particu- 



193 

larity than is now necessary in proceedings for assaults and 
batteries, the time or phice of such assault and battery in the 
recognizance or commitment on which the said person is tried, 
but the said person may be tried on a recognizance or commit- 
ment for a common assault and battery, and shall be sentenced 
by the court according to the facts proved at the trial. 

P. L. L., (1860) Art. 4, sec. 157. P. L. L., (1S88) Art. 4, sec. 73. 

231. In case the said person is tried upon a presentment or 
indictment, it shall only be necessary to allege in the present- 
ment or indictment that the offense was committed between the 
hours aforesaid, and that it was committed on a highway in 
the City of Baltimore, or at a place of public resort or amuse- 
ment, without setting forth said highway or place of public 
resort or amusement by name. 

AUCTIOISrS. 

' 232. Repealed by Act of 1900, Chapter 208. 

233. Repealed by Act of 1900, Chapter 208. 

234. Repealed by Act of 1900, Chapter 208. 

P. L. L., (I860) Art. 4, sec. 88. P. L. L., (1888) Art. 4, sec. 77. 

235. The duties shall be calculated on the sums for which 

the property or goods so exposed to sale shall be respectively 

struck off, and shall in all cases be paid by the person making 

the sale. 

State V. Hoboken Bank, 84 Md. 325. 

P. L. L., (1860) Art. 4, sec. 89. P. L. L., (1888) Art 4. sec. 78. 

236. E'o duties shall be chargeable upon any goods, wares, 
merchandise or other property sold by any auctioneer at pri- 
vate sale on the days of his public auction, or unless the same 
be part of what was offered for sale at said public auction or 
was advertised to be sold thereat. 

P. L. L., (1860) Art. 4, sec. 90. P. L. L., (18S8) Art. 4, sec. 79. 

237. The duty imposed on all sales of lands, tenements and 
hereditaments, or of any interest therein, at public auction in 
the City of Baltimore, shall be a lien on the said property 
when sold as aforesaid. 

State V. Hoboken Bank, 84 Md. 325. 
(8) 



194 

P. L. L., (1860) Art. 4, sec. 91. P. L. L., (1888) Art. 4, sec. 80. 

238. Every purchaser of lands, tenements or hereditaments, 
or of any interest therein, purchased at public auction in the 
City of Baltimore, shall be bound to pay the auction duty on 
such sale and be entitled to claim the said payment as a credit 
on his purchase as aforesaid. 

State V. Hobokeu Bank, 84 Md. 325. 

P. L. L., (18G0) Art. 4, sec. 92. P. L. L., (1888) Art. 4, sec. 81. 

239. All goods and property, of what kind soever, shall in 
all cases be struck off to the highest bidder ; and where the auc- 
tioneer or owner, or any person employed by them or either of 
them, shall be such bidder, the goods or property shall be subject 
to the same duties as if struck off to any other person ; but this 
section shall not be construed to render valid any sale that would 
otherwise be deemed fraudulent and void. 

Warehime v. Graf, 83 Md. 98. 

P. L. L., (1860) Art. 4, sec. 93. P. L. L., (1888) Art. 4, 
sec. 82. 1894, ch. 350. 

240. The Governor, by and with the advice and consent of 
the Senate, shall biennially appoint as many auctioneers in the 
City of Baltimore as he may think proper, not to exceed thirty. 

P. L. L., (1860) Art. 4, sec. 94. P. L. L., (1888) Art. 4, sec. 83. 

241. Each person so appointed, the amount of whose sales 
of goods, wares, merchandise and personal property of every 
kind, exclusive of his real estate sales and sales of houses, shall 
not exceed the sum of one hundred and fifty thousand dollars, 
shall, before entering upon the duties of his office, enter into a 
recognizance to the State, with two sufiicient securities, in the 
sum of five thousand dollars, conditioned for the payment of 
the duties hereinbefore mentioned to the Treasurer of Marvland, 
and that he shall in all things well, truly and faithfully behave 
and conform himself according to the true intent and meaning 
of this law; and shall also pay to the Treasurer of Maryland 
the sum of four hundred and fifty dollars, as a license. 

McMechin v. Mayor, 2 H. & J. 41. McMechin v. Mayor, 3 H. & J. 534. 

P. L. L., (1860) Art. 4, sec. 95. 1872. ch. 249. P. L. L., (1888) 

Art. 4, sec. 84. 

242. Any auctioneer paying the license fee, and executing 
the bond prescribed in the preceding section, may make sales 
of every description of goods, wares and merchandise of every 



195 

kind, and real estate, and may exercise all the rights and privi- 
leges of a general auctioneer to the extent and amount of the 
sum prescribed in said section ; and he shall make, under oath, 
quarterly returns to the Comptroller of the City of Baltimore, 
showing the full amount of his sales of every kind, distinguish- 
ing his sales of goods, wares and merchandise, and personal 
effects of every kind, from his sales of real estate and houses ; 
and if any auctioneer under said license shall sell any amount 
exceeding the sum named in the last preceding section, he shall 
be subject to all the penalties hereinafter imposed upon auc- 
tioneers who shall sell without license. 

This section has been modified to conform to the changes in the law 
made necessary by the repeal of section 233 of this Article, by Act 
1900, ch. 208. 

P. L. L., (1860) Art. 4, sec. 96. P. L. L., (1888) Art. 4, sec. 85. 

243. Each auctioneer so appointed whose sales of goods, 
wares and merchandise, and personal effects of every kind, 
exclusive of his real estate sales and sales of houses, shall exceed 
the sum of one hundred and fifty thousand dollars, shall, before 
he enters upon the duties of his office, enter into a recognizance 
to the State, with two sufficient securities in the sum of ten 
thousand dollars, conditioned as hereinbefore prescribed, and 
shall pay to the State Treasurer the sum of seven hundred and 
fifty dollars as a license fee. 

P. L. L., (1860) Art. 4, sec. 97. P. L. L., (1888) Art. 4, sec. 86. 

244. If any person so appointed shall desire to pursue the 
business of an auctioneer for the sole purpose of selling books, 
maps or prints, by day or by night, he shall be entitled to do 
so by first entering into a recognizance to the State, with two 
sufficient securities in the penalty of five thousand dollars, con- 
ditioned as hereinbefore prescribed, and by paying to the State 
Treasurer the sum of one hundred and fifty dollars. 

P. L. L., (1860) Art. 4, sec. 98. P. T>. L., (1888) Art. 4, sec. 87. 

245. If any person so appointed shall desire to pursue the 
business of an auctioneer for the sole purpose of vending horses 
and carriages, he shall be entitled to do so by first entering into 
a recognizance to the State, with two sufficient securities in the 
sum of one thousand dollars, and paying to the State Treasurer 
the sum of fifty dollars as a license fee. 

p. L. L., (I860) Art. 4, sec. 99. P. L. L., (1888) Art. 4, sec. 88. 

246. A license may, on the request and with the consent of 



196 

the party, be issued by the State Treasurer, nunc jiro tunc, so 
as to avail him for a year from the day on which his license 
expired, or in such manner as to avail him for any part of the 
interval the applicant may desire ; but no license issued under 
this section shall acquit the party obtaining it of any penalty 
hereby imposed for selling without license, if prosecution there- 
for shall have been commenced before such license was obtained. 

P. L. L., (1860) Art. 4, sec. 100. P. L. L., (1888) Art. 4, sec. 89. 

247. In case of the death of any auctioneer before the time 
limited in his license has expired, his co-partner or co-partners, 
if he has any, or his personal representative, may continue to 
act under the license for the unexpired term. 

P. L. L., (1860) Art. 4, sec. 101. P. L. L., (1888) Art. 4, sec. 90. 

248. All recognizances directed to be taken by this sub- 
division of this Article shall be taken by the Clerk of the 
Court of Common Pleas, and duplicates shall be made of the 
record of every such recognizance by said clerk, one whereof 
shall be delivered or be caused to be delivered by such auc- 
tioneer to the State Treasurer, within ten days after the date 
of such record, and the other shall be retained by said clerk, 
who shall be entitled to demand for the same from the auc- 
tioneer the sum of one dollar. 

P. L. L., (I860) Art. 4, sec. 102. P. L. L., (1888) Art. 4, sec. 91. 

249. The State Treasurer, on his being satisfied that the 
recognizance herein required has been entered into by any of 
the persons appointed auctioneers by the Governor, and upon 
his receiving the license fee required from such person, shall 
issue a general or special license to such person as the person 
may be entitled to, for the term of one year from the date of 
such license. 

P. L. L., (I860) Art. 4, sec. 103. 1872, ch. 249. P. L. L., 
(1888) Art. 4, sec. 92. 

250. If any person not appointed and authorized in the 
manner herein directed, nor by nor under some official authority 
under the laws of the United States, shall sell or attempt to 
sell any goods, wares, merchandise or efl^ects of any kind, real 
estate or vessels, in the City of Baltimore, by public auction, 
he shall be considered guilty of a misdemeanor, and shall be 
subject to presentment and indictment in the Criminal Court 
of Baltimore, and shall on conviction, be fined in a sum not 



197 

exceeding five hundred dollars nor less than one hundred 
dollars, or be imprisoned for a term not exceeding three months, 
or both, at the discretion of the court. 

P. L. L., (1860) Art. 4, sec. 104. 1872, ch. 249. P. L. L., 
(1888) Art. 4. sec. 93. 

251. If any auctioneer shall sell any goods, wares, mer- 
chandise or effects or vessels, by way of public auction, with- 
out having entered into the recognizance and paid the license 
fee hereinbefore required, he shall be deemed guilty of a mis- 
demeanor, and shall be subject to presentment and indictment in 
the Criminal Court of Baltimore, and on conviction thereof 
shall be fined in a sum not exceeding one hundred dollars nor 
less than fifty dollars for each and every article so exposed for 
sale. 

P. L. L., (1860) Art. 4, sec. 105. P. L. L., (1888) Art. 4, sec. 94. 

252. If any auctioneer shall sell any goods or property other 
than such as he is authorized to sell by the terms of his license, 
he shall be deemed guilty of a misdemeanor, and shall be sub- 
ject to presentment and indictment in the Criminal Court of 
Baltimore, and on conviction thereof shall be fined in a sum 
not exceeding one hundred dollars, nor less than fifty dollars 
for each and every article so sold. 

P. L. L., (1860) Art. 4, sec. 106. P. L. L., (1888) Art. 4, see. 95. 

253. If any person commissioned as auctioneer shall neg- 
lect to take out a license within twenty days after his commis- 
sion shall have been forwarded to him by the Governor, such 
commission shall be deemed null and void, and the Governor 
shall appoint some other person to supply the vacancy in the 
number of auctioneers caused by such neglect. 

P. L. L., (1860) Art. 4, sec. 107. P. L. L., (ISSS) Art. 4, sec. 96. 

254. The recognizance herein required shall be annually 
renewed. 

P. L. L., (1860) Art. 4, sec. 108. P. L. L., (1888) Art 4, sec. 97. 

255. If any surety of any auctioneer shall remove from this 
State or become insolvent the State Treasurer shall demand 
other surety in his place; and if the auctioneer shall neglect 
or refuse to give other security within three days after such 
demand is made his license shall thenceforth be null and void to 
all intents and purposes as if the same had never been granted, 



198 

and the State Treasurer shall immediately give public notice 
thereof in two or more public newspapers published in said 
citv. 

P. L. L., (1860) Art. 4, sec. 109. P. L. L., (1888) Art. 4, sec. 98. 

256. If any auctioneer appointed under this sub-division of 
this Article sliall accept at any time during the continuance of 
his appointment, an appointment as auctioneer from any other 
State he shall be deemed to have forfeited his appointment 
under this sub-division of this Article. 

P. L. L., (1860) Art. 4, sec. 110. P. L. L., (1888) Art. 4, sec. 99. 

257. Every auctioneer in said city shall designate in writing 
his partner or partners, if any are engaged with him in his said 
business, and the houses or stores occupied by him for the trans- 
action of auction business, and shall deposit such writing with 
the State Treasurer; and if any auctioneer in said city shall 
enter upon the duties of his office before so doing he shall be 
deemed guilty of a misdemeanor, and on conviction shall be 
fined in a sum not exceeding five hundred dollars ; and it shall 
be the duty of the court before whom such conviction is had, 
to transmit forthwith a particular report thereof to the Gover- 
nor, who may in his discretion, inhibit, during his pleasure, the 
person convicted from acting as auctioneer. 

P. L. L., (1860) Art. 4, sec. 111. P. L. L., (1888) Art. 4, sec. 100. 

258. The Mayor of the city may designate the place or 
places for the sale of horses and carriages and make such regu- 
lations in respect to the time and manner of selling horses and 
carriages at auction, and the riding and driving of such horses 
and carriages, as he shall deem best calculated to promote public 
convenience and protect the persons of individuals from danger. 

P. L. L., (I860) Art. 4, sec. 112. P. L. L., (1888) Art. 4, sec. 101. 

259. Every auctioneer appointed and licensed for the sale 
of horses shall keep a registry of all horses sold by him, speci- 
fying a description of the horse sold, the sum for which he sold, 
and the name and residence of the seller and buyer, and shall 
deposit such registry, with an oath of the truth thereof, at the 
end of each year with the Clerk of the Court of Common Pleas. 

P. L. L., (1800) Art. 4, sec. 113. P. L. L., (1888) Art. 4, sec. 102. 

260. 1^0 auctioneer specially licensed for selling books, maps 
or prints shall be entitled to demand or receive, without a pre- 



199 

vious agreement to the contrary, from any person, directly or 
indirectly, a commission exceeding seven dollars and fifty cents 
for every hundred dollars of the purchase money arising from 
such sales, exclusive of all duties. 

P. L. L., (1860) Art. 4, sec. 114. P. L. L., (1888) Art. 4, sec. 103. 

261. ]^o auctioneer licensed to sell to the amount of one 
hundred and fifty thousand dollars, without a previous agree- 
ment to the contrary, shall be entitled to demand or receive for 
his services, directly or indirectly, a commission exceeding four 
dollars clear of all duties, for every hundred dollars of the pur- 
chase money arising from such sales. 

See decisions of Brown, C. J., in the City Court, March, 1874, in cases, 
Henry Linker v. Woodville and Norman, and Grotjan and Mitchell v. 
Emerick. 

P. L. L., (1860) Art. 4, sec. 115. P. L. L., (1888) Art. 4, sec. 104. 

262. No auctioneer, licensed generally for the sale of goods, 
wares and merchandise, exceeding one hundred and fifty thous- 
and dollars, without a previous agreement to the contrary, shall 
be entitled to demand or receive for his services, directly or 
indirectly, a commission exceeding two dollars, clear of all 
duties, for every hundred dollars of the purchase money arising 
from such sales, except upon sales of furniture and wearing 
apparel, upon which they shall be entitled to receive four 
dollars, clear of duties, for every hundred dollars arising from 
such sales; and except also upon the sales of books, stationery, 
maps and prints, upon which they shall be entitled to receive 
seven dollars and fifty cents, clear of duties, for every hundred 
dollars arising from such sales ; and upon these articles the auc- 
tioneer mentioned in the preceding section may charge a similar 
amount. 

P. L. L., (1860) Art. 4, sec. 116. P. L. L., (1888) Art. 4, sec. 105. 

263. Any auctioneer who shall receive or accept any greater 
or higher reward for his services than is authorized by this 
sub-division of this Article, shall forfeit the sum of five hun- 
dred dollars for every offense, to be recovered in the name of 
the State by suit, or by indictment in the Criminal Court, one- 
half to the use of the State and the other half to the use of the 
party prosecuting for the same. 

P. L. L., (ISGO) Art. 4, sec. 117. 1872, ch. 249. P. L. L., (1888) 

Art. 4, sec. 106. 

264. No auctioneer shall authorize or permit any person 



200 

whatever to sell any property of any description whatever, nnder 
and by virtue of his license, unless the person so authorized 
or permitted is actually and ho7ia fide in the employment of such 
auctioneer, and is actually and bona fide a resident of Baltimore 
City at the time of such employment, and the commissions on 
such sales are actually and bona fide for the benefit of such 
auctioneer; and no license shall be construed to authorize the 
holder to sell at more than one regular establishment, but an 
auctioneer may sell public stocks, houses, lots and furniture, or 
ships or vessels, on the premises where the same may be, or at 
the exchange, or goods in the original form and packages as 
imported, and bulky articles, such as have been usually sold 
in warehouses or in the public streets or on the wharves, at such 
other places within the city as shall be desired by the owner or 
importer of such bulky articles or imported goods. 

P. L. L., (1860) Art. 4, sec. 118. 1872. ch. 249. P. L. L., (1888) 

Art. 4, sec. 107. 

265. If any auctioneer shall violate any of the provisions 
of the last preceding section he shall be deemed guilty of a mis- 
demeanor for every such violation, and shall be subject to pre- 
sentment and indictment in the Criminal Court of Baltimore 
and on conviction thereof shall be fined in a sum not exceeding 
two hundred dollars, nor less than one hundred dollars. 

P. L. L.. (1860) Art. 4, sec. 119. P. L. L., (1888) Art. 4, sec. 108. 

266. Every auctioneer within thirty days after the first 
days of January, April, July and October of the year for which 
he shall have been appointed, and in each and every year that 
he shall hold and continue in the office and duty of such auc- 
tioneer, shall render to the Comptroller of the City of Balti- 
more a true and particular account in writing of the money 
or sums of money for which any goods, wares or merchandise, or 
other property of every kind, shall have been sold at every sale 
since entering on the duties of his office, or since the last account 
was rendered, of the amount of each day's sales and the days 
when sold, distinguishing the sales made by him personally 
or in his presence, and those made by his partner or partners 
or clerk, in consequence of his absence ; setting forth, also, the 
amount of all goods, wares, merchandise and other property 
sent or entrusted to him, his partner or partners for sale, and 
by him or them sold at auction, and the days on which the 
same were sold, and particularizing the amount of the several 
duties chargeable on said sales, duplicate copies of which said 
accounts, properly sworn to as required in section 267, shall be 



201 

transmitted to the Comptroller of the State, by every such 
auctioneer, within the said thirty days after the said first days 
of January, April, July and October of the year or years as 
aforesaid; and every auctioneer shall, within thirty days after 
rendering such account, pay over to the said Comptroller of 
Baltimore City, for the use of the State, subject to provisions 
hereinafter contained, all such sum or sums of money as appear 
to be due from him to tlie State for duties, according to law. 

r. L. L., (1860) Art, 4, sec. 120. 1872, ch. 249. P. L. L., (1888) 

Art. 4, sec 109. 

267. The auctioneer making such returns, at the time of 
making the same shall take before some Justice of the Peace, 

or Judge of a court of record the following oath ; "I , 

do solemnly and sincerely swear that the account now exhibited 
by me, and to which I have subscribed my name, contains a 
just and true account of all the goods, wares and merchandise, 
and property of every kind, sold or struck off by me at public 
sale, or sold at private sale, on the days of my public auctions, 
or sold or struck off as aforesaid by my co-partner or co-partners 
(if any there be), or by others in my name, or under my direc- 
tion, and in my actual and bona fide employment (as the case 
may be), and the days upon which the same were respectively 
sold ; that I have examined the entries of all sales mentioned in 
said account in the books kept by me for that purpose, and I 
fully believe this account to be correct ; and, further, that I 
have, during the time mentioned, conformed in all things to the 
provisions of the law relating to auctions in Baltimore City, ac- 
cording to the best of my knowledge and belief, so help me God." 
And he shall cause a certificate of the fact that he has taken such 
oath, duly signed by said Justice or said Judge, and a certificate 
of the Clerk of the Superior Court of Baltimore City, of the 
official character of said Justice when signed by him, to be an- 
nexed to said return ; and no account or return of sales, as pro- 
vided to be made and rendered in the preceding section shall 
be deemed or held to be ''a true and particular account," within 
the meaning of said preceding section, unless the oath herein 
provided is made and annexed to such account or return of 
sales; and the auctioneer refusing or neglecting to make and to 
annex such oath shall be liable to be proceeded against as if he 
had not made and rendered any account or return of sales as 
required by law. 



202 

p. L. L., (1860) Art. 4, sec. 121. 1S72, ch. 249. P. L. L., (1888) 

Art. 4, sec. 110. 

268. If any auctioneer shall refuse or neglect to transmit 
to the State Treasurer a duplicate of the record of his recog- 
nizance as before required, or shall neglect or refuse to render 
an account of sales to the Comptroller of the City of Balti- 
more quarter-yearly, or shall refuse or neglect to transmit a 
duplicate copy of such account to the Comptroller of the State 
within the time or times limited for rendering such account 
or transmitting such duplicates as provided in section 266, or 
shall refuse or neglect to pay over to the Comptroller of the 
city the money or moneys due from him to the State for duties, 
according to law, within thirty days after rendering such ac- 
count, he shall, in and for each and every such case of refusal 
or neglect, be deemed guilty of a misdemeanor, and shall be 
subject to presentment and indictment in the Criminal Court 
of Baltimore, and on conviction thereof shall be fined in a 
sum not exceeding seven hundred dollars, nor less than one 
hundred dollars, and on conviction shall further be deemed to 
have forfeited his appointment as auctioneer, and shall be dis- 
qualified from acting as auctioneer under the same; provided, 
it shall be competent for such auctioneer at the trial of such suit 
to give in evidence every matter or thing going to show a satis- 
factory excuse on his part for such neglect or refusal; and if 
the jury before which such suit shall be tried shall think such 
excuse satisfactory, they shall return a verdict for the defen- 
dant; the defendant, however, in such case to pay the costs of 
the prosecution and provided further, that no suit or indict- 
ment, or conviction, under this section, for the penalties herein 
contained, shall be held to bar or prevent the State from bring- 
ing such civil action or actions in any of the courts of this State 
against any auctioneer, or on his bond, for the recovery of 
money that may be due the State, or for the non-performance 
or mis-performance of any duty imposed upon him by this sub- 
division of this Article, and for which a civil action would lie 
against him or on his bond. 

P. L. L., (1860) Art. 4, sec. 122. P. L. L., (1888) Art. 4, sec. 111. 

269. Every auctioneer who, within the period limited for 
liis accounting shall have made no sales of goods or property 
of any kind liable to auction duties, shall make and subscribe 
an afiidavit of those facts before the Judge of the Court of 
Common Pleas, and shall transmit a copy of the said affidavit, 
certified by said Judge, to the State Treasurer, within the 



203 

same time that an accoimt is required to be rendered, under the 
penalty prescribed in the last preceding section. 

P. L. L., (1S60) Art. 4, sec. 123. P. L. L., (1888) Art. 4, sec. 112. 

270. It shall not be lawful for the Governor to nominate to 
the Senate as auctioneer any person who shall not have settled 
in full at the Treasury office for all amounts due from him 
on account of auction duties. 

P. L. L., (1860) Art. 4, sec. 124. 1872, ch. 249. P. L. L., (1888) 

Art. 4, sec. 113. 

271. If any auctioneer shall be guilty of any fraud or deceit 
in the discharge of the duties of his office, or shall elude or de- 
feat any provisions of this sub-division of this Article, for a 
violation of which no penalties are therein specially prescribed, 
he shall be guilty of a misdemeanor and subject to presentment 
and indictment in the Criminal Court of Baltimore, and on 
conviction thereof shall be fined in a sum not exceeding one 
thousand dollars, nor less than one hundred dollars for every 
such offence ; and if any auctioneer shall pay or cause to be paid 
directly or indirectly, to any trustee, attorney, executor or ad- 
ministrator, selling real estate or property of any kind under any 
order of any court, or under any power of attorney, any portion 
of the fee or commission received or receivable by him, and 
charged by him in his account for making any sale of such real 
estate or property for such trustee, attorney, executor or ad- 
ministrator, he shall be deemed guilty of a misdemeanor, and 
on conviction thereof in the Criminal Court of Baltimore shall 
be fined in a sum not exceeding two hundred dollars, nor less 
than fifty dollars, for every such offence, and such trustee, 
attorney, executor or administrator receiving or retaining such 
portion of such fee or commissions, and not accounting for it 
to the proper parties, shall be liable in a suit on his bond for 
double the amount so received or retained by him, to the cestui 
que trust, the principal, or to any person interested in the estate 
which he represents. 

P. L. L., (1860) Art. 4, sec. 125. P. L. L., (1888) Art. 4, sec. 114. 

272. If any person shall, within seven days after any such 
oiVence shall be committed, prosecute for the penalties imposed 
by this sub-division of this Article, the State Treasurer, upon 
information thereof having come to his knowledge, shall direct 
the State's Attorney for the City of Baltimore to prosecute for 
the same; and the penalties when recovered shall be paid into 

•the treasury for the use of the State. 



204 

p. L. L., (ISCO) Art. 4, sec. 12G. P. L. L., (1888) Art. 4, sec. 115. 

273. If any person shall wilfully swear falsely touching 
any matter hereinbefore required in this sub-division of this 
Article to be verified by oath, he shall suffer the pains and 
penalties which by law are prescribed for wilful and corrupt 
perjury; and if an auctioneer, shall also forfeit his office. 

P. L. L., (1860) Art. 4, sec. 127. 1872, ch. 249. P. L. L., (1888) 

Art. 4, sec. 116. 

274. The proceeds of such auction duties to the amount of 
twenty thousand dollars shall be paid over by the Comptroller 
of the city, as the same shall be received by him, to the Mayor 
and City Council of Baltimore, to be by said Mayor and City 
Council of Baltimore annually appropriated to the purpose of 
deepening and improving a channel in the Chesapeake Bay 
and Patapsco River and the harbor of the City of Baltimore. 

P. L. L., (1860) Art. 4, sec. 128. 1872, ch. 249. P. L. L., (1888) 

Art. 4, sec. 117. 

275. It shall be the duty of the Mayor and City Council 
of Baltimore, on or before the fifteenth day of September in 
each year, to report to the Comptroller of the State a fair and 
strict account of their disbursement of the fund arising from 
said auction duties, as to the amount the same are appropriated 
in the preceding section, in relation to the deepening and im- 
proving said channel, Patapsco River and Baltimore City har- 
bor; and the said Comptroller shall report the same to the 
General Assembly. 

P. L. L., (1860) Art. 4, sec. 129. 1872, ch. 249. P. L. L., (1888) 

Art. 4, sec. 118. 

276. If the net proceeds of said auction duties shall exceed 
the sum of twenty thousand dollars, the excess of said duties 
above that sum shall, for each and every year that they shall 
exceed that sum, be paid over by the Comptroller of the City 
of Baltimore to the Treasurer of the State ; and in case of such 
excess as aforesaid, the Comptroller of the city shall also 
render to the Comptroller of the State a brief statement or 
account, showing the amounts received by him on account of 
auction duties, the amount paid the Mayor and City Council of 
Baltimore, under Section 274, and the balance due the State 
and payable to the State Treasurer — which said balance, if any, 
and whenever the same shall arise from said auction duties, 
shall be paid to said Treasurer on or before the twenty-fifth 
day of September in each and every year. 



205 

p. L. L., (1860) Art. 4, sec. 130. P. L. L., (ISSS) Art. 4, see. 119. 

227. The provisions of the three preceding sections shall 
not have any effect if the City of Baltimore, by ordinance or 
otherwise, shall make any charge on articles passing over or 
deposited on the wharves of said city for a less time than one 
day, for the purpose of delivery only, from or on board of any 
vessel trading within the limits of this State, other than the 
regular wharfage chargeable on such vessel. 

P. L. L., (1860) Art. 4, sec. 131. P. L. L., (1888) Art. 4, sec. 120. 

278. J^othing contained in this sub-division of this Article 
shall prohibit the sale of leather, iron or tobacco, by the person 
who manufactured the same, without the license herein re- 
quired. 

BAIL. 

1898, ch. 138, sec. 207A. 

278a. The Clerk of the Criminal Court of Baltimore shall 

have power at any time to take bail when authorized by the 

court, whether the court is in session or not, and although the 

defendant is not present or does not join in the recognizance, 

but in all cases, before bail is taken by the Clerk, the court shall 

fix the amount thereof. 

lu relatkiu to bail, see, Smith v. Fowler & Thomas, Daily Record, 
March 11, 1903. 

1898, ch. 138, sec. 207B. 

278b. Whenever any person charged with a criminal offence 
desires to be admitted to bail, his recognizor, except as provided 
for in the next succeeding section, shall sign and make oath to 
an application in which shall be stated the location of his prop- 
erty, his interest therein, its value, ground rent, mortgages, 
and other recognizances and incumbrances, if any, to which 
it may be subject, and such other matters as may be inquired 
of, and required to be inserted in the application by the clerk 
to whom such application is made, to enable such clerk to 
determine the value of the security offered. 

1898, ch. 138, sec. 207C. 

278c. The Clerk of the Criminal Court of Baltimore may, 
when so ordered by the court, admit any person to bail on his 
own recognizance, or may accept a recognizor without stated 
property qualifications. 



206 

1898, ch. 138, sec. 207D. 

278d. It shall be sufficient for recognizances taken in the 

Criminal Court of Baltimore, when signed by the judge or the 

clerk thereof, to conform to the following formula : "You and 

each of you acknowledge yourselves to owe and stand indebted 

to the State of Maryland in the sum of dollars for 

the appearance of at this court on the . .^ day of 

18. . ., to answer the charge alleged against him, and 

to attend this court thenceforth from day to day until dis- 
charged therefrom in due course of law." 

1898, ch. 138, sec. 207E. 
278e. Every recognizance taken in any criminal proceeding 
in Baltimore City shall be a iien upon the property of the 
recognizor mentioned in his application from the date of the 
acknowledgment of such recognizance, unless such recognizance 
shall have been acknowledged before a police justice or before 
a court upon writ of habeas corpus^ in which it shall be a lien 
from the time it is filed with the clerk of the Criminal Court 
of Baltimore. When any recognizance is forfeited it shall 
become a judgment, and shall have all the effects of judgments 
rendered in civil causes, and may be enforced by execution by 
order of the State's Attorney at any time within six years 
from the date of the forfeiture, and not afterwards. 

1898, ch. 138, sec. 207F. 

278f . It shall be the duty of the clerk of the Criminal Court 
of Baltimore immediately to record, in a properly indexed 
book to be provided for that purpose, the names of the persons 
who have entered into recognizances, the date of the filing 
of the recognizance with the clerk of the Criminal Court, if such 
recognizance has been acknowledged before a police justice, or 
before some other court upon writ of habeas corpus, the amount 
thereof, and the date of the acknowledgment of the same ; the 
location of the property mentioned in the application, and when 
any recognizance shall be forfeited; and when any forfeiture 
shall be stricken out or discharged, it shall be the duty of the 
said clerk to make an appropriate entry in said book, showing 
such disposition of the recognizance or the forfeiture, together 
with the date thereof. 

1898, ch. 138, sec. 207G. 

278g. Any officer having power to admit to bail may accept 
as recognizor any bonding, guarantee or trust company incor- 



207 

porated under the laws of the State of Maryland, or under the 
laws of any State in the United States, and doing business 
in the Citv of Baltimore, which is authorized bv its charter to 
become surety on official bonds. 

1898, ch. 138, see. 207H. 

278h. ^0 police justice of the City of Baltimore shall ac- 
cept bail for persons charged wnth manslaughter, murder or any 
offense the punishment for which may be death; any such 
justice may, in his discretion, accept the bail for any person 
charged with the commission of any felony other than those 
above mentioned, and any misdemeanor the punishment for 
which may be confinement in the penitentiary; and whenever 
bail is offered for any person charged with the commission of 
any misdemeanor other than those already set forth, such jus- 
tice shall accept the same; provided he is satisfied with the 
security offered. 

1898, ch. 138, sec. 2071. 
278i. Whenever a person charged with a bailable, criminal 
offense before a police justice desires to be admitted to bail, his 
recognizor shall sign and make oath to an application in which 
shall be stated such matters as may be required of, and required 
to be inserted in such application by the police justice to enable 
him to determine the value of the security offered. Any 
recognizance acknowledged before such justice shall be good, 
although the defendant does not join in the same. 

1898, ch. 138, sec. 207J. 

278 j. Whenever any person charged wdth the commission of 
a criminal offense is admitted to bail by a police justice for 
appearance in the Criminal Court of Baltimore, such justice 
shall forthwith deliver the recognizance to the clerk of said 
court, such recognizance shall then become a record of said 
court, and may be forfeited, and the forfeiture may be enforced 
in the same manner as if the recognizance has been taken by the 
court. 

1898, ch. 138, sec. 207K. 

278k. Whenever any person charged with a criminal offense 
before a police justice is admitted to bail for further hearing, 
if such person does not appear at such hearing according to 
the tenor of his recognizance, it may be forfeited. If forfeited, 
the justice shall note the forfeiture on the recognizance, and 



208 

deliver it to the clerk of the Criminal Court of Baltimore, the 
said forfeited recognizance shall then become a record of said 
court, and shall have the same effect and may be enforced in 
the same manner as if it had been taken and forfeited by the 
court. 

BILLS OF EXCHANGE AND PKOMISSORY NOTES. 

When protest by notary, unnecessary to hold endorser, see, Kirk v. 
Belts, Daily Record, March 26, 1891. 

279. Repugnant to provisions of Act 1898, Chapter 198. 
See proviso, section 3, Act 1898, Chapter 123, post. 

1892, ch. 462. 1898. eh. 198, (sec. 120A). 
279a. Any bill of exchange, bank check, draft or promis- 
sory note presentable for payment or acceptance in the City 
of Baltimore on the first day of the week commonly called 
Sunday, shall be deemed to be presentable for payment or 
acceptance on the next succeeding secular or business day. 

1892, ch. 462. 1898, ch. 198, (sec. 120B). 

279b. It shall be lawful for banks and bankers in the City 
of Baltimore to close their doors for business at twelve o'clock 
noon on each and every Saturday in the year, and every Saturday 
in the year after twelve o'clock noon, shall for all purposes 
whatever, so far as regards the presenting for payment or ac- 
ceptance and the protesting and giving notice of the dishonor 
of bills of exchange, bank checks, drafts, promissory notes and 
other negotiable paper, be a legal half-holiday, and shall be 
treated and considered as the first day of the week, commonly 
called Sunday, and all such bills, checks, drafts and notes, 
which, on their face, or under any existing law or by the provi- 
sion of this Act shall be payable or presentable for acceptance 
or payment on any half -holiday Saturday shall be deemed to 
be payable or presentable for acceptance or payment, and notice 
of protest and dishonor thereof may be given on the next suc- 
ceeding secular or business day; provided, that checks and 
paper payable at sight, or on demand, presentable for payment 
on half-holiday Saturday may, at the option of the holder there- 
of, be payable and presentable for acceptance or payment on 
such half -holiday Saturday before twelve o'clock noon ; provided 
further, that for the purpose of protesting or otherwise hold- 
ing liable any party to any such check or paper payable at sight, 
or on demand, presentable for payment on any half-holiday 



209 

Saturday, and which shall have been presented and dishonored 
on such half-holiday Saturday, notice of protest and dishonor 
thereof may be given on the next succeeding secular or business 
day; and provided further, that whenever any person shall 
receive for collection in said City of Baltimore, any bill of ex- 
change, bank check, draft or promissory note due and pre- 
sentable for acceptance or payment on any half-holiday Satur- 
day, such person shall not be deemed guilty of any neglect or 
omission of duty, or incur any liability in not presenting for 
payment or acceptance, or collecting such bill of exchange, bank 
check, draft or promissory note on that day; and provided 
further, that in construing this section, every half-holiday Satur- 
day shall, until twelve o'clock noon, be deemed as a secular or 
business day. 

1892, ch. 462. 1898, ch. 198, (sec. 120C). 

279c. Whenever any bill of exchange, bank check, draft ,or 
promissory note shall be presentable for payment in the City 
of Baltimore on the secular or business day next succeeding the 
day on which it would otherwise have been presentable for 
payment, interest on the same shall be computed down to and 
including such secular or business day. 

BUILDIKGS. 

1880, ch. 133. P. L. L., (1888) Art. 4, sees. 125-128, 131A, 131B. 

1896, ch. 363. 

280. It shall not be lawful for the owners or lessees of any 
public hall, church, school or place of amusement, in the Cities 
of Baltimore, Annapolis, Cumberland, Frederick, Hagerstown 
or Frostburg, to obstruct, or allow to be obstructed by others, 
any of the aisles or passage-ways in the auditorium of said halls, 
churches, schools or places of amusement, by placing therein 
any benches, chairs or stools, or other articles that may prevent 
free ingress or egress during the hours that said places may be 
open to the public. Said owners or lessees, or their agents, are 
required to keep open at all hours during the time said halls, 
churches, schools or places of amusement are opeti to the pub- 
lic, all doors giving ingress or egress, unless said doors open 
outward from said places ; then the same may be closed, but 
no hindrances, such as locks or catches of any kind, sluill be 
allowed to obstruct or prevent instant and easy egress through 
the same; and when said doors open inwards, it is required of 
said owners, lessees or their agents, that said doors shall be 
fastened securely and firmly open. Owners or lessees, or any 



210 

person holding nnder them, or their agents, violating any of the 
provisions aforesaid, shall, on conviction thereof, be fined by the 
court before which such conviction is had for any violation, a 
sum not exceeding five hundred dollars, to be recovered as other 
fines in this State, one-half of which shall go to the State and 
the other half to the cities where such violations occur and con- 
victions thereof are had. It is made the special duty of the 
Judge or Judges of the courts having criminal jurisdiction in 
said Cities of Baltimore, Annapolis, Cumberland, Frederick, 
Hagerstown and Frostburg, to especially charge the Grand 
Juries of said courts upon the execution of the foregoing pro- 
visions; and the police authorities of said cities are especially 
charged with the execution thereof, and to that end shall direct 
nightly examinations by some of their officers, of all such places. 
It shall not be lawful for any person, agent, owner or proprie- 
tor of any sweat-shop or factory where four or more persons 
are employed, to use any coal oil, gasoline, or any other explo- 
sive or inflammable compound for the purpose of lighting or 
heating in any form ; and any person, agent, owner or proprie- 
tor violating this provision shall be guilty of a misdemeanor, 
and on conviction thereof, be fined by the court before which 
such conviction is had, for every violation, the sum of one hun- 
dred dollars and costs, and stand committed until such fine and 
costs be paid. The owner or owners of any such house or build- 
ing used as a sweat-shop or factory where four or more persons 
are employed as garment workers, on other than the first floor 
of such house or building, shall provide fire-escapes for the 
same; and if any owner or owners of any house or building 
so used, fail to make or provide a fire-escape, such owner or 
owners shall pay a fine of two hundred dollars, to be recovered 
as other fines in this State, or imprisonment in the City Jail 
for sixty days, or both fine and imprisonment, in the discretion 
of the court. 

In relation to the provisions in section 280 regulating sweat shops, it 
may be of interest to note that the Act of 1902, ch. 101, known as the 
"Sweat Shop Law" was held invalid, in that it was not a just and reason- 
able police regulation, and that it interfered with the right of the citizen 
to enjoy the free and profitable use of his property and also with his 
right of personal liberty, without due process of law. 

State V. Legum, Daily Record, November 18, 1902. 

1900, ch. 274. 

280a. Before the Appeal Tax Court of Baltimore City 
grants any permit for the erection of new buildings it shall 
be shown to the said Court to its satisfaction that all taxes 



211 

due aud unpaid are fully paid upon the land on which said 
new buildings are proposed to be erected, and no permit, as 
aforesaid, shall be issued until the court is so satisfied, and an 
appeal is allowed from this as in other cases before said court, 
as is allowed by law. 

CARRIAGES, HORSES AND AUTOMOBILES. 
HACKI^EY CARRIAGES. 

p. L. I>., (1S60) Art. 4, sec. 140. 1865, ch. 90. P. L. L., (1888) Art. 4, 
sec. 135. 1892, cli. 631. 1910, ch. 109. 

281. The Board of Police Commissioners of the City of 
Baltimore shall determine and fix rates of fare and amounts to 
be charged by the owners, drivers, chauffeurs or persons hav- 
ing in charge of hackney carriages in the said city, and every 
owner, driver, chauffeur of or person having charge of any 
hackney carriage for which a license has been obtained as re- 
quired by law shall be authorized and entitled to ask, charge 
and receive as a compensation from every person using the 
same the rates of fare and compensation prescribed and estab- 
lished by the said Board of Police Commissioners, and no 
more. Every vehicle, whether dra^vn by horses or other animal 
power, or propelled by mechanical motor, except a street car, 
used or to be used for the conveyance of persons for hire from 
place to place within the City of Baltimore, shall be deemed to 
be a hackney carriage within the meaning of this sub-division 
of this Article. 

P. L. L., (1860) Art. 4, sees. 143, 144. 1865, ch. 90. P. L. L., (1888) 
Art. 4, sees. 136, 137. 1910, ch. 109. 

282. Every hackney carriage, drawn by horse or other ani- 
mal power, licensed as required by law, shall be provided with 
a lamp on each side, and said lamps shall be kept lighted when 
such vehicle is in use in the night time, and the number of the 
owner's license of not less than two inches in length shall be 
placed on each side of such carriage both within and without, 
in such a position as to be distinctly seen and read, and the 
owner, driver or person having charge of a hackney carriage, 
whether drawn by horse or other animal power or propelled by 
mechanical motor, shall keep in a conspicuous place in the in- 
terior of such carriage at all times the rates of fare and the 
charges prescribed and furnished by the said Board of Police 
Commissioners. Any owner, driver, chauffeur or person having 
in charge any hackney carriage as aforesaid, who shall omit. 



212 

neglect or refuse to comply with the directions herein con- 
tained shall, upon conviction, be punished by a fine of ten 
dollars. 

F. L. L., (ISGO) Art. 4, sec. 145. P. L. L., (1888) Art. 4, sec. 138. 

1910, ch. 109. 

283. Every driver, chauffeur of or person having in charge 
any hackney carriage, licensed as required by law, whether 
drawn by horse or other animal power or propelled by mechani- 
cal motor, who shall refuse or omit when required to inform 
any person using such carriage or applying for the use of it, 
the true number thereof or the correct amount of the rate of 
fare or charge authorized to be asked for the use of it, or shall 
wilfully mislead, misconvey or insult by abusive or indecent 
and opprobrious language any passenger whom he shall have 
in his care for conveyance in the carriage of which he is 
driver, chauffeur or person having charge thereof, shall, upon 
conviction, be punished by a fine not exceeding twenty dollars. 

1892, cli. 631. p. L. L., (1888) Art. 4, sec. 138A. 1910, ch. 109. 

284. Any driver, chauffeur of or person having in charge 
any hackney carriage who shall ask, charge, demand or receive 
more than the rates of fare or charges as established by the 
Board of Police Commissioners in the City of Baltimore from 
time to time from any passenger or passengers shall, upon con- 
viction, be punished by a fine not exceeding fifty dollars, or 
imprisonment in jail for a period not exceeding six months 
nor less than thirty days, or both such fine and imprisonment ; 
and any passenger or passengers who shall refuse to pay or at- 
tempt to avoid payment of the rates of fare or charges so as 
aforesaid established by the Board of Police Commissioners 
shall be guilty of a misdemeanor, and shall, upon conviction, 
forfeit and pay a fine of not exceeding fifty dollars. 

1865, ch. 90. P. L. L., (1888) Art. 4, sec. 139. 1910, ch. 109. 

285. 'No driver, chauffeur of or person having charge of any 
hackney carriage, except omnibus, park phaeton or sightseeing 
vehicle, shall take up or carry any j)assengers after the car- 
riage has been occupied, engaged or hired by any prior pas-, 
senger until such prior passenger shall have discharged said 
carriage, without tlie consent of such prior passenger, and such 
prior passenger shall not be obliged or asked to pay any extra 
fare or fee for refusing such consent, and every person having 
charge of a hackney carriage shall, immediately after deliver- 



213 

ing any passenger, search said carriage for any property which 
may have- been left therein, and any property found therein by 
any person having charge of any hackney carriage, and not 
restored to the owner thereof within twenty-four hours, shall 
be delivered by the finder thereof to the Board of Police Com- 
missioners, to be by them held and disposed of as required by 
law in the case of lost and stolen property. Any person 
violating the provision of this section shall be guilty of a mis- 
demeanor, and shall, upon conviction, be punished by a fine not 
exceeding ten dollars. 

1865, ch. 90. p. L. L., (1888) Art. 4, sec. 140. 1910. ch. 109. 

286. The said Board of Police Commissioners are authorized 
and empowered to set aside and designate certain places in 
the City of Baltimore to be occupied and used as public or 
private stands for hackney carriages, and to stipulate the num- 
ber of such carriages which may occupy or use each of such 
stands, and to make regulations for the occupation and use of 
such stands. Any person violating any of the provisions of this 
section or any regulation made by the said Board of Police 
Commissioners under the authority in this section conferred 
shall be giiilty of a misdemeanor, and shall, upon conviction, 
forfeit and pay a fine of not exceeding twenty dollars. 

1865, ch. 90. P. L. L., (1888) Art. 4, sec. 141. 

287. Each and every proprietor of hackney carriages shall, 
at the time when he applies for a special license, or any re- 
newal thereof, furnish the Comptroller or other proper officer 
of the City of Baltimore with a correct statement of the number 
of hackney carriages used by him; and such owner, whenever 
he shall increase the number of such hackney carriages, shall 
report such increase to the Comptroller or other proper officer 
of said city; and every person violating any of tlie provisions 
of this section shall forfeit his license, and be liable to a penalty 
of ten dollars. 

288 and 289. Kepealed by Act of 1910, Chapter 100. 

P. L. L., (1800) Art. 4, sec. 148. P. L. L., (1888) Art. 4, sec. 144. 

290. All penalties which shall be recovered for the breach 
of any of the provisions of this sub-division of this Article, 
shall be appropriated one-half to the use of the dispensaries 
in the City of Baltimore, to be equally divided between them, 
and the other half to the use of the informer, whose name shall 
be endorsed on the warrant issued for the recovery of each 
respective penalty. 



; 



214 
HORSES, ETC. LIVERY STABLE CHARGES. 

1865, ch. 163. P. L. L., (1888) Art. 4, sec. 145. 

291. It shall be lawful for any livery stable keeper to 
retain in his custody any horse, mare or gelding placed under 
his care for livery, and also any vehicle, until all charges for 
so keeping shall be paid by the owner thereof. 

1865, ch. 163. P. L. L., (1888) Art. 4, sec. 146. 

292. It shall and may be lawful for such livery stable 
keeper to sell any such horse, mare or gelding, or vehicle, at 
public auction in the City of Baltimore, after giving at least 
twenty days' notice in two of the daily newspapers, published in 
the City of Baltimore, of the time, place and manner of sale ; 
and after deducting the amount due for keeping, together with 
all expenses of said sale, to return the surplus, if any, to the 
owner of such horse, mare or gelding, or vehicle. 

1865, ch. 163. P. L. L., (1888) Art. 4, sec. 147. 

293. Before proceeding as above, it shall be necessary for 
such livery stable keeper to state an account for keeping of 
such horse, mare or gelding, or vehicle, and prove the same 
before a Justice of the Peace for the City of Baltimore, who, 
upon being satisfied by proof of demand and refusal or neglect 
to pay on the part of the owner, shall thereupon issue his war- 
rant authorizing such sale as aforesaid ; provided, that the pro- 
prietors of such livery stables shall set up on their premises, in 
some conspicuous place, a copy of the aforegoing two sections, 
printed in large type, and their rates of livery. 

CORONERS, INQUESTS AND DEAD BODIES. 

1878, ch. 347. 1S90, ch. 207. P. L. L., (1888) Art. 4, sec. 149. 1892, 

ch. 15. 1894, ch. 84. 

294. The Governor, by and with the advice and consent 
of the Senate, shall appoint and commission seven competent 
physicians to act as coroners for the City of Baltimore, to 
hold office during the period of two years, at an annual salary 
of one thousand dollars each, payable quarterly by the City 
Register; and said coroners shall be assigned to duty by the 
Governor, and to each of the police districts of the City of Bal- 
timore; and it is further provided, that whenever the police 
districts of the City of Baltimore shall be increased in number 
by the order of the Board of Police Commissioners of Balti- 
more City, the Governor shall appoint an additional coroner for 



216 

each of the police districts so created; provided, that before 
entering upon the duties of their oifice, the persons appointed 
shall take the oath of office prescribed by the Constitution of 
the State of Maryland, for office-holders ; and further, they shall 
give bond to the said State of Maryland, with security to be 
approved by the Judge of the Superior Court of Baltimore 
City, in the penalty of two thousand dollars each, conditioned 
for the faithful performance of their duties, as now prescribed 
by law, or which shall hereafter be prescribed. 
Young V. College, etc., 81 Md. 358. 

1872, ch. 45. P. L L., (1888) Art. 4, sec. 150. 1898, ch. 123. 

1902, ch. 317. 

295. In addition to the coroners provided for in the pre- 
ceding section the Governor shall appoint one more coroner 
for the ''City of Baltimore," to be known as the "Coroner at 
Large" for said city, whose duty it shall be to act in the place 
of j.ny of the coroners who shall have been assigned to the 
valgus police districts of said city who may have been pre- 
vented by illness or enforced absence from attending to his 
duties ; the said coroner at large shall receive the same com- 
pensation as is prescribed in the preceding section for other 
coroners for said city. The coroners provided for in the pre- 
ceding section shall be assigned to such sub-division or district 
of the City of Baltimore as the Governor may direct. 

P. L. L., (1860) Art. 4, sec. 153, 154. 1872, ch. 45. P. L. L., (1888) 

Art. 4, sec. 151. 

296. The Coroner shall hold an inquest over every person 
found dead in his district in said city when the manner and 
cause of death shall not be already knowTi as accidental, or in 
the course of nature. No Coroner's jury in said city shall 
receive any fee or compensation for services as such ; and said 
Coroners are authorized and empowered to issue their certifi- 
cates to the City Register for the payment of such expenses 
as may be necessary for the interment of any person over whom 
they, or either of them, has held an inquest, and whose body is 
not claimed by friends or relatives ; provided, the amount of 
such expenses shall not in any case exceed the sum of seven 
dollars. 

P.laney v. State, 74 Md. 1.53. Young v. College of Physicians, etc., 81 
Md. ;i58. 

1872, ch. 4.5. P. L. L., (1888) Art. 4, sec. 152. 

297. Each of said Coroners shall make a monthly report to 



216 

the Police Commissioners of Baltimore City, of the mimbcr 
of inquests held by him during the month last past before 
said report, with a full description, as far as may be, of the 
persons who were the subjects of such inquests, their sex, age, 
color and nationality, the cause and mode of their death, and 
such other particulars as may be necessary for their identifica- 
tion, in case of strangers and unlcnown persons ; and each of 
said Coroners shall also, immediately after holding an inquest, 
deposit in some bank of Baltimore City, subject to the order 
of the Judges of the Orphans' Court of said city, all property, 
money and other effects found upon the person of those over 
whom he shall hold inquest, as hereinbefore provided. 

1882, ch. 163. 1890, cli. 166. P. L. L., (1888) Art. 4, sec. 153. 

298. Any public officer of Baltimore City or Baltimore 
County having charge of or control over the bodies of deceased 
persons required to be buried at the public expense or at the 
expense of any institution supported by said City or County, 
shall notify the chairman of the Anatomy Board, said board 
being composed of a demonstrator of anatomy from each medi- 
cal school in the State, of the existence and possession of such 
bodies, and shall give permission to said Anatomy Board, 
through its chairman, or to any physician or surgeon of the 
State of Maryland upon his request made therefor, to take 
such bodies within forty-eight hours after death, to be by him 
used within the State for the advancement of medical science, 
preference being given to medical schools, public and private ; 
and said bodies shall be distributed to and among the same 
equitably, the number assigned to each being proportioned to 
that of its students; provided, however, that if any person 
claiming to be and satisfying the proper authorities that he is, 
of kindred to the deceased, or that he was a friend to de- 
ceased during his life, shall ask to have the body for burial, 
it shall be surrendered for interment ; or if such deceased per- 
son was a stranger or traveler who died suddenly, the body 
shall be buried and not handed over as aforesaid. Any public 
officer of Baltimore City or County having charge of or control 
over the bodies of the deceased persons required to be buried 
at the public expense or at the expense of any institution sup- 
ported by said city or county, who shall neglect or refuse 
to comply with the requirements of this section, shall be guilty 
of a misdemeanor, and shall upon conviction be fined not less 
than fifty nor more than one hundred dollars for each and 
every offence. 



217 

1882, ch. 113. P. L. L., (1888) Art. 4, sec. 154. 

299. Every physician or surgeon, before receiving any such 
dead body shall give to the proper authorities a sufficient bond 
that such body shall be used only for the promotion of medi- 
cal science within the State; and whosoever shall use such 
body for any other purpose, or shall remove the same beyond 
the limits of this State, and whosoever shall sell or buy such 
body, or in any way traffic in the same, shall be deemed guilty 
of a misdemeanor, and shall, on conviction, be imprisoned for a 
term not exceeding five years at hard labor in the City Jail. 

COURTS. 

Superior Court, Court of Common Pleas and Baltimore 

City Court. 
^ 1870, ch. 177. p. L. L., (1888) Art. 4. sec. 155. 

300. The Judge before whom any case may be tried in 
either the Baltimore City Court, the Superior Court of Balti- 
more City, or in the Court of Common Pleas, shall have ex- 
clusive jurisdiction to hear and determine, and the said judge 
shall hear and determine, all motions for a new trial where 
such motions arise, either on questions of fact or for misdirec- 
tion upon any matters of law, and all motions in arrest of 
judgment, or upon any matters of law, determined by the said 
judge; and all such motions shall be heard and determined 
within thirty days after they are made. 

1870, ch. 177. p. L. L., (1888) Art. 4, sec. 156. 

301. In no case shall either the plaintiff or defendant be 
required to file a "paper book" of evidence or brief, in either 
of the courts of the City of Baltimore. 

1876, ch. 96. P. L. L., (1888) Art. 4, sec. 157. 

302. The stated terms of the Superior Court of Baltimore 
City, the Court of Common Pleas and the Baltimore City 
Court, shall commence on the second Monday in January, the 
second ]\[onday in May, and the second Monday in September, 
in each year. 

Preston v. McCann, 77 Md. 30. 

Powers of f^upcrior Court. Tho Superior Coiu't has no power, under 
section 107 of Art. 2.'i, Code I'ublic General Laws, to confirm or set aside 
an inquisition of a Sheriff's Jury. W. M. Tidewater R. R. Co. v. Leon- 
ard, Daily Record, .Tune 15, 1903. 



218 

1864, ch. 6, sec. 1. 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 158. 

303. In addition to the first day of each term of the 
Superior Court of Baltimore City, the Court of Common Pleas 
of the City of Baltimore, and the Baltimore City Court, the 
second Monday in February, March, April, June, July, August, 
October, November and December, in each year, shall be re- 
turn days, and the words "return day," wherever used in this 
sub-division of this Article shall apply as well to the first day 
of each term as to the other return davs herein enumerated. 

1886, ch. 184. P. L. L., (1888) Art. 4, sec. 159. 

304. All original writs, writs of execution, attachment, re- 
plevin, ejectment, scire facias and habere facias, as well as all 
other writs and process issued from or returnable to any of 
said courts, which under the practice heretofore existing would 
have been returnable to the first day of the term, or to a re- 
turn day, shall hereafter be made returnable to the first 
return day after the issue of the same, or may be made return- 
able to the second return day thereafter, if the party by whose 
direction the same was issued, or his attorney, shall so request 
in writing. 

1864, ch. 6, sec. 3. 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 160. 

1894, ch. 180. 

305. On the return of an original writ, not executed in 
either of said courts, the same may be renewed, returnable to 
the next return day thereafter, and after two returns of any 
original writ not executed at the two succeeding return days 
after the writ is first issued, the same shall be permitted to lie 
dormant, renewable only on the written order of the plaintiff 
or his attorney of record to such future return day as the said 
plaintiff or his attorney may elect, and upon a further return 
if not executed, said writ shall be again permitted to lie, re- 
newable only as aforesaid, the said plaintiff or his attorney 
having the right to renew said writ to as many subsequent 
return days, under the same mode of procedure as may be 
deemed proper, until the same is executed. 

1864, ch. 6, sec. 4. 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 161. 

306. After the execution of any writ or other process made 
returnable to a return day in either of said courts, the same 
proceedings may be had thereupon as if the same had been 
made returnable, and had been returned to a term of said 
court under the practice heretofore existing, except as herein- 
after otherwise provided. 



219 

Exemption from service of process in civil actions: A non-resident 
here for the sole purpose of attending upon the trial of a case to which 
he is a party, is exempted from the service of process in a civil action. 
But such privilege may be waived or lost by laches, and must be availed 
of at proper time by plea or motion. 

Foss V. Carnell, Daily Record, January 23, 1894. 

1864. ch. 6, sec. 5. 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 162. 

307. If a defendant be returned "summoned," and shall 
fail to appear, the clerk of the court on the day following the 
return day to which the writ or process served on him is re- 
turnable, shall enter the appearance of any defendant so sum- 
moned and failing to appear, and the action shall proceed in 
the same manner as if the party had appeared in person. 

1886, ch. 184. P. L. L., (1888) Art. 4, sec. 163. 

SOSlk When a declaration in any action shall be filed in 
court, and a copy thereof delivered to the defendant before 
the day of the return of the writ, and the defendant shall be 
summoned before the said day of the return of the w^-it, he 
shall plead before the next succeeding return day, or judgTiient 
by default for want of a plea shall be entered by the court or 
clerk thereof, upon motion in writing made by the plaintiff, or 
his attorney, then, or at any time thereafter, before the filing 
of a plea by the defendant, unless the court for good reasons 
shall have granted said defendant further time to plead; and 
upon such entry of judgment, the plaintiff may forthwith sue 
out his writ of inquiry, or otherwise enter up final judgment 
according to the course of the court. 

Cooper V. Roche, 36 Md. 563. Cf., Condon v. Gore, 89 Md. 230. 

The clerk has no authority to enter up a judgment for want of a plea 
except on motion therefor by the plaintiff or his attorney. 
Griffith V. Graham, Daily Record, July 15, 1891. 

Practice — time, election jury trial — rule, Supreme Bench, effect of — 
mode presenting rule, Court of Appeals. 

Baltimore v. Thomas, 115 Md. 212. 

1886, ch. 184. P. L. L., (1888) Art. 4, sec. 164. 

309. "When any action shall be brought upon a titling and 
the defendant shall have been summoned, the plaintiff shall file 
his declaration within fifteen days after the return day to 
which said defendant had been summoned, or judgment of non 
pros, may be entered by the court or the clerk thereof against 
him for want of a declaration, upon motion in writing made by 
the defendant at any time thereafter, unless the court for good 
cause shown shall grant further time; but if the plaintiff shall 



220 

have filed liis declaration in any such action, at any time he- 
fore the entry of a judgment of non pros, against him, the 
defendant shall be required to plead to such declaration within 
the time and upon the terms prescribed by the rules of the 
court, or judgment by default may be entered against him as 
provided by said rules. 

1886, ch. 184. P. L. L., (1888) Art. 4, sec. 165. 

310. Every suit in which any defendant shall be returned 
summoned, shall stand for trial or judgment (as against such 
defendant) at the return day next succeeding the day to which 
he has been summoned; provided, the declaration shall have 
been filed in court, and a copy thereof shall have been served on 
the defendant, or his attorney, at least fifteen days before said 
return day; and all such suits in which final judgment is not 
entered on that day, shall then be put at the end of the trial 
calendar of the court in which they are brought, in the order 
in which they were instituted in said court, and shall- be finally 
disposed of as far as possible when reached in their regular 
course. 

1886, ch. 184. P. L. L., (1888) Art. 4, sec. 166. 

311. In all cases in which a party by law would be entitled 
to a continuance, the court may, instead of continuing the 
cause to the next term, postpone the same for thirty days, or 
such other period as will best subserve the interests of justice. 

Smithson v. U. S. Telegraph Co., 29 Md. 165. 

SPEEDY JUDGMENT ACT. 

1858, ch. 323. 1864, ch. 6, sec. 7. 1886, ch. 184, sec. 170. P. L. L., 
(1888) Art. 4, sec. 167. 1894, ch. 173. 

312. In any suit, when the cause of action is a contract, 
whether in writing or not, or whether expressed or implied, the 
plaintift", if afiidavit or affirmation be made, as hereinafter stated, 
shall be entitled to judgment to be entered by the Court or the 
clerk thereof, on motion, in writing, at any time after fifteen 
days from the return day to which the defendant shall have 
been summoned, although the defendant may have pleaded, 
unless such plea contains a good defence and unless the de- 
fendant or some one in his behalf shall, under oath or affirma- 
tion, state every plea so pleaded by the defendant is true; 
and shall further state the amount of plaintift's demand, 
if anything, admitted to be due or owing, and the amount dis- 
puted, and further, that the affiant verily believes the defendant 



221 

will be able at the trial of the cause to produce sufficient evi- 
dence to support the plea as to the portion disputed, and that 
he is advised by counsel to file the said plea; and such plea 
shall be accompanied by a certificate of counsel that he so ad- 
vised the party making such oath or affirmation, and if the co- 
partnership or incorporation of any of the parties to the suit 
shall be alleged in the declaration and the affidavit to be filed 
therewith, as hereinafter provided ; or if there shall be filed 
with the declaration in said cause, any paper purporting to 
be signed by any defendant therein, the fact of such alleged 
copartnership or incorporation, and the genuineness of such 
signature shall be deemed to be admitted for the purposes of 
said cause, unless the said affidavit shall further state that the 
affiant knows, or has good reason to believe, such allegation of 
copartnership or incorporation to be untrue, or that such sig- 
nature was not written by or by the authority of the person 
whose signature it purports to be. In case any part of the 
debt or damages claimed to be admitted to be due, the plaintiif 
shall be entitled forthwith to an entry of judgment there- 
for, with costs in the discretion of the court, to the time of 
entry of such judgment, and if the amount so admitted to be due 
shall not be below the jurisdiction of the court, the plaintiff 
may at once have execution therefor, and upon such entry of 
judgTaent the plaintiff may join issue or reply to the pleas as 
to the disputed portion, and the case shall be proceeded with 
as to such disputed portion in the same manner as if the suit 
had been originally instituted for the recovery of the same ; 
and the court shall have jurisdiction as to such disputed portion 
in all cases where the amount originally claimed shall be within 
the jurisdiction of the court, but if either judgment in the case 
be below the jurisdiction of the court, no execution shall issue 
from that court on the same, and the provisions of section 17 
of Article 26 of the Code of Public General Laws shall apply 
thereto; yet if the sum of the two judgments shall eqiial such 
jurisdiction they may then be included in an execution issued 
from that court ; provided, that the court for good cause shown, 
may, by its order in writing, passed at any time before judg- 
ment, extend the time for filing such pleas and affidavits, which 
extension shall suspend, until the expiration thereof, the plain- 
tiff's right to enter judgment under this section. 

Smithson v. U. S. Telg. Co., 29 Md. 162. Jones v. Freeman, 29 Md. 
27.3^ State u.se of Bouldin v. Steibel, 31 Md. 34. Knickerbocker Ice 
Co. V. Iloeske, .32 Md. 317. King v. Hicks, 32 Md. 400. Jones v. Burnett, 
3.5 Md. 258. Keen v. Wliittin«fon, 40 Md. 489. Baltimore v. Ideson, 47 
Md. 542. Traber v. Traber, 50 Md. 1. Thorne v. Fox, G7 Md. 67. Adler 



222 

V. Crook. 68 Md. 404. Hntton v. Marx, 69 Md. 252. May v. Wolvington. 
69 Md. 117. Thilluian v. Sliadrick. 69 Md. 528. Gemmill v. Davis, 71 
Md. 458. Huntington v. Emery, 74 Md. 67. Baltimore Pub. Co. v. Hooper, 
76 Md. 115. Sanborn v. Mullen, 77 Md. 480. Laubheimer v. Nail, 88 Md. 
174. Griffith v. Adams, 95 Md. 175. Singer v. Fidelity & Dept. Co., 96 
Md. 224. Farmers, etc. Bank v. Hunter, 97 Md. 148. Horner v. Plumley, 
97 Md. 277. Codd Co. v. Parker, 97 Md. 323-325. Smith v. Hallwood 
Cash Reg. Co., 97 Md. 354. Nicholson v. Snyder, 97 Md. 419. Deved v. 
Carrington. 98 Md. 378. Abbott v. Bowers, 98 Md. 525. Steuart v. Chap- 
pell. 98 Md. 530. Colbourn Bros. v. Boulton, 100 Md. 353. 354. Miller 
V. Michaels, 101 Md. 188. Commonwealth Bank v. Kirkland, 102 Md. 662. 
See note, page 219, Baltimore City Code (1879). 

NOTES OF DECISIONS OF BALTIMORE CITY COURTS. 

(1) The affidavit required of defendants, does not apply to those 
cases in which the defendants are executors. 

(2) The Baltimore City Court has jurisdiction over a suit to recover 
the even sum of $100.00, when interest thereon is recoverable as of right. 
Mutual Life Ins. Co. v. Hantske, Daily Record, December 15, 1900. 

(3) Pi-actice Act of Baltimore City: A special count which states 
no express contract to pay money, or any facts from which such a con- 
tract can be implied, cannot be filed with the common counts under the 
Practice Act of Baltimore City. Murray v. Revel, Daily Record, Jan- 
uary 10, 1899. 

(5) Declaration: A declaration filed under Act 1886, ch. 184, made 
before a Justice of Peace in another state and not having attached to it 
a certificate of the Judge of the Court according to the Act of Congress, 
is defective and a judgment of nan pros, will be allowed on motion. 
Downs V. Appold. Daily Record. October 19, 1892. 

(6) The declaration and affidavit must agree, otherwise a motion to 
strike out the judgment will prevail. Griffith v. Graham, Daily Record, 
July 15, 1891. 

Upon demand for Bill of Particulars, defendant entitled to have order 
extending time to plead. 

Newbold v. Green. 122 Md. 649. {See Act 1914, ch. 378). 

Pleas were withdrawn and new pleas substituted by permission of 
Court, to which plaintiff filed replication and proceeded to trial. Held, 
that the replication and the proceeding with the trial amounted to a 
waiver by the plaintiff of the right to raise on appeal the question of 
the correctness of the ruling. The proper course would have been for 
the plaintiff to decline to file the replication, and to suffer judgment 
by default, from which judgment an appeal can be taken. 
Shoop V. F. & D. Co., 124 Md. 130. 

1864, ch. 6, sec. 8. 1886, ch. 184, sec. 171. P. L. L., (1888) Art. 4, 

sec. 168. 

313. The plaintiff shall not be entitled to judgment under 
the preceding section, unless at the time of bringing his action 
he shall file with his declaration an affidavit or affirmation, if 
the affiant is conscientiously scrupulous as to taking an oath, stat- 
ing the true amount the defendant is indebted to him, over and 
above all discounts, and shall also file the bond, bill of exchange, 



I 



223 

promissory note or other writing or account by which the de- 
fendant is so indebted; or if the action be founded upon a 
verbal or implied contract, shall file a statement of the particu- 
lars of the defendant's indebtedness thereunder. If there are 
two or more plaintiffs, the said affidavit or affirmation, may 
be made by any one of them, or if all the plaintiffs be absent 
from the State at the time of the bringing of said suit, or if 
the plaintiff be a corporation, the said affidavit or affirmation 
may be made by an agent of plaintiff or plaintiffs, or any of 
them, who will make further oath or affirmation that he has 
personal knowledge of the matters therein stated ; and the said 
affirmation or affidavit may be made before any of the persons 
who may take an affidavit or affirmation to authorize the issuing 
of a foreign attachment, and may be certified in the same man- 
ner. 

Mailhouse v. Inloes, IS Md. 332. Griffin v. Leslie, 20 Md. 15. Smith- 
son V. Tlie United States Telegrapli Co., 29 Md. 165. Jones v. Freeman, 
29 Md. 276. Greff v, Fickey, 30 Md. 79. State v. Steibel, 31 Md. 37. 
Kniclcerbocker Life Ins. Co. of New York v. Hoeske, 32 Md. 318. McAl- 
lister V. Eichengreen. 34 Md. 56. Norris v. Wrenschall, 34 Md. 499. 
Canton Nat. Bldg. Ass'n v. Weber, 34 Md. 671. Jones v. Barnett, 35 
Md. 260. Ingalls v. Crouch, 35 Md. 296. Keene v. Whittington & Co., 
40 Md. 497. Loney v. Bailey, 43 Md. 10. McSherry v. Brooks, 46 Md. 
122. Mayor v. Ideson, 47 Md. 542. De Atley v. Senior, 55 Md. 479. 
Parkhurt v. Citizens Nat. Bank, 61 Md. 254. The Orient Mutual Insur- 
ance Co. V. Andrews, 66 Md. 371. Thorne v. Fox, 67 Md. 67. Thillman 
V. Shadrick, 69 Md. 528. Gemmill v. Davis, 71 Md. 458. Balto. Pub. Co. 
v. Hooper, 76 Md. 165. Laubheimer v. Nail, 88 Md. 174. Singer v. 
Fidelity & Deposit Co., 96 Md. 224. Smith v. Hallwood Cash Reg. Co., 
97 Md. 354. Nicholson v. Snyder, 97 Md. 419. Deved v. Carrington, 98 
Md. 378. Abbott v. Bowers, 98 Md. 525. Colbourn v. Boulton, 100 Md. 
357. 

In connection with the provisions of section 313, see further: Wilson 
v. Wilson, 8 Gill 192. Cumberland Coal & Iron Co. v. Hoffman Steam 
Coal Co., 22 Md. 499. Warwick v. Chase, 23 Md. 154. Evesson v. Selby, 
32 Md. 345. The Universal Life Ins. Co. v. Bachiis, 51 Md. 31. Horner 
V. Plumley, 97 Md. 271. 

1864, ch. 6, sec. 9. 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 169. 

1894, ch. 184. 

314. Wlien any judgment by default shall be entered under 
any of the preceding sections, the court may assess the damages 
on proof thereof without empanelling a jury to do so, unless 
the defendant shall have filed a motion in writing before the 
entry of such default for a jury trial, and shall have stated in 
such motion how much of the plaintiff's demand is disputed, 
and how much thereof, if any, is admitted by such defendant 
to be due, and in such case the plaintiff may forthwith have 



224 

judgment entered up for the amount so admitted, as provided 
in the preceding section. 

Mailhouse v. Inloes, IS Md. 332, 333. Knickerbocker Ice Co. v. Hoeske, 
32 Md. 317. Norris v. Wrenschall, 34 Md. 492. Laubheimer v. Nail, 8S 
Md. 174. Singer v. Fidelity & Deposit Co., 96 Md. 224. Colbourn v. 
Boulton, 100 Md. 358. 

Judgment by Default: Joint liability after judgment by default. In 
assumpsit against two or more persons sued jointly, the defendants on 
inquisition, after judgment by default, cannot deny their joint liability. 
Santa Clara Mining Co. v. Williams, Daily Record, March 8, 1894. 

1890, ch. 433. P. L. L., (1888) Art. 4, sec. 169 A. 

315. If the defendant shall dispute the whole or any part 
of the plaintiff's demand in any action brought under the pro- 
visions of the three foregoing sections, and upon trial of the case 
the plaintiff shall recover a judgment for any portion of his 
demand so disputed, then the plaintiff shall be allowed in addi- 
tion to the costs of the suit, reasonable counsel fees, to be fixed 
by the court, said fees not to be less than twenty-five dollars nor 
more than one hundred dollars. 

As to provisions of Section 315 relating to counsel fees, see, Singer 
V. Fidelity and Deposit Co., 96 Md. 224. 

1908, ch. 644. 

315A. In all cases brought under the provisions of section 
312 of said Article 4 of the Code of Public Local Laws of Mary- 
land, as repealed and re-enacted by Act of Assembly of 1898, 
chapter 123, where the verdict of the jury or the court, sitting 
as a jury shall be for the defendant, the defendant shall be 
allowed, in addition to his costs of suit, reasonable counsel fees, 
not to be less than twenty-five dollars, nor more than one hun- 
dred dollars. 

1914, ch. 107. 

315 A. If judgment be entered against any defendant for 
failure to appear and plead, or failure to file a sufficient plea, 
afiidavit or certificate of counsel, under the four preceding sec- 
tions, the court in which such judgment has been rendered may, 
upon motion filed by the defendant within thirty days after 
entry thereof, strike out the same and reinstate such case with 
leave to such defendant to file pleas, affidavit and certificate of 
counsel, or amend his pleas, affidavit and certificate of coun- 
sel already filed, within not exceeding ten days thereafter, 
whenever the court shall be of the opinion that the interests of 
justice will be promoted by striking out such judgment and so 
reinstating such case, although sufficient grounds for striking 



225 

out such judgment for fraud, deceit, irregularity or such other 
grounds as would have sufficed before the enactment of this sec- 
tion may not be present; provided, however, that the court 
granting such order may require as a condition thereto, that the 
defendant give bond with approved security for the payment 
of any judgment finally recovered against him in such case in 
such penalty as may be prescribed by the court, and that the 
defendant pay the costs so far incurred in said case, or any other 
conditions which the court may deem proper; and if any de- 
fendant who has been given leave to file pleas, affidavit or certifi- 
cate, or to amend those already filed, under this section, shall 
fail to file a sufficient plea, affidavit or certificate of counsel, or 
to amend those already filed so as to be sufficient within the time 
so limited, then the plaintiff shall be entitled to final entry of 
judgment on motion therefor, in the same manner as for failure 
to file a sufficient plea, affidavit or certificate within the time 
originally limited under the preceding sections. 

1886, ch. 184. P. L. L., (1888) Art. 4, sec. 170. 

316. Bills of exception may be signed in any cause pending 
in any of said courts at any time within thirty days from the 
rendition of the verdict of the jury or the findings of the court 
upon the issues of fact in said cause, but not thereafter, unless 
the time for signing said bill of exception shall have been pre- 
viously extended by order of court or by consent of parties ; but 
nothing herein shall prevent either party from requiring the 
bills of exception to be signed before verdict. 

Gottlieb V. Fred. W. Wolff Co., 75 Md. 126. Preston v. McCann, 77 
Md. 30. Edelhoff v. Horuer-Miller Co., 86 Md. 595-605. Am. Tobacco 
Co. V. Strickling, 88 Md. 500. 

In relation to bills of exception generally, see: Briscoe v. Ward, 1 
H. & J. 165. Dakin v. Pomeroy, 9 Gill 1. Marsh v. Hand, 35 Md. 123. 
Balto. Bldg. Ass'n v. Grant, 41 Md. 560. Carey v. Merryman, 46 Md. 
89. Donohue v. Sliadrick, 46 Md. 226. Horn v. Buck, 48 Md. 358. Rup- 
pertsburger v. Clark, 53 Md. 402. Weiskittel v. State, 61 Md. 48. Thomas 
V. Ford, 63 Md. 346. Mayor, &c., Westminster v. Shipley, 68 Md. 610. 
Bowling V. Turner, 78 Md. 595. Central Ry. Co. v. Coleman, 80 Md. 335. 

1886, eh. 184. P. L. L., (1888) Art. 4, sec. 171. 

317. Any action taken or order passed by any of said courts 
in relation to any judgment rendered by it, if taken or passed 
within thirty days after the entry of such judgment, or upon a 
motion or application made to it within said thirty days, shall 
have the same effect and force as it would have had under the 
practice heretofore existing in said court if taken or passed 
during the term, or upon a motion or application made during 

(9) 



226 

the term at which said judgment was entered, and no more ; but 
any such action taken or order passed after the expiration of 
thirty days from the entry of any judgment, (unless upon a 
motion or application made within that time), shall have the 
same effect and force as it would have had under such previous 
practice, if taken or passed after the expiration of said term, 
and no more ; and the said courts shall respectively have, for a 
period of thirty days after the doing of any act or thing in any 
cause before them, the same revisory power and control over 
such act or thing which, under the practice heretofore existing, 
they would have had over the same during the term at which it 
was done, and no more ; and after thirty days from the doing of 
any such act or thing, the said courts shall have the same re- 
visor}^ power and control thereover, which, under such previous 
practice they would have had after the expiration of the term at 
which said act or thing was done, and no more. 

Preston v. McCauu, 77 Md. 33. Laubheimer v. Johnson, 98 Md. 685. 

1886, ch. 184. P. L. L., (1888) Art. 4, sec. 172. 

318. In all cases where the pre-existing laws direct or re- 
quire that any act or thing shall be done in or by any of said 
courts during the same term at which some other act or thing 
may be done or happen, such first mentioned act or 'thing shall 
hereafter be done within thirty days after the doing or happen- 
ing of said last mentioned act or thing. 

1867, ch. 164. 1886, ch. 184. P. L. L., (1888) Art. 4, sec. 173. 

319. All appeals from Justices of the Peace to the Baltimore 
City Court shall stand for trial on the day following the return 
day to which the appellee shall be returned summoned, or the 
second return day to which the summons issued for the appellee 
shall be returned non est. But before the Baltimore City Court 
shall proceed to try any such appeal, the court shall first be 
satisfied that all costs incurred on the judgment and proceedings 
before the justice have been paid by the appellant. 

Appeals from Justices of the Peace. Where a Justice of the Peace 
refuses to send papers to the Baltimore City Court on appeal, on writ 
of mandamus, said court will compel him to do so, and the court will 
decide whether an appeal will lie. 

Stewart v. Duvall, Daily Record. March 7, 1897. 
Equity has no jurisdiction over magistrate's appeals. 

Mankowitz v. Pruzan, Daily Record, April 20, 1898. 

1892, ch. 186. P. L. L., (1888) Art. 4, sec. 173A. 

320. In all cases in which appeals are or may be allowed to 
the Baltimore City Court from the decisions of any commis- 



227 

sioners, or other persons appointed in any manner to determine 
any benefits or damages in any form of condemnation proceed- 
ings, for the nse of the Mayor and City Council of Baltimore, it 
shall be lawful for the city to enter appeals in the same manner 
and within the same time or times allowed for their entry by 
other persons ; and all such appeals by whomsoever prayed 
within the time or times limited therefor, shall be heard and 
determined by the Baltimore City Court as speedily as may be, 
each person interested being secured in his, her or its rights to a 
jury trial ; and in case there should be more than one appeal in 
reference to the same piece of property, they may all be heard 
together, in the discretion of the court, before one jury; pro- 
vided, a sufficient panel of jurors be furnished, so that the city 
and the owners or representatives of each separate interest or 
estate in such property may strike four names from such panel ; 
the practice, including the right of appeal to the Court of 
Appeals in all such cases, shall conform as near as may be to the 
practice now prevailing in said court in the trial of appeals from 
the decisions of the Commissioners for Opening Streets. 

1892. ch. 634. P. L. L.. (1SS8) Art. 4, sec. 173B. 

321. The Supreme Bench of Baltimore City shall annually 
designate two members of the said bench to sit in their respective 
courts, attended by their clerks, during the annual sittings of 
the Registers of Voters, and also on the four Saturdays imme- 
diately preceding the September session of the Registers of 
Voters of the City of Baltimore, for the purpose of hearing and 
determining applications for naturalization, and such applica- 
tions shall have precedence over all other business. 

1900. ch. 705. 
321A. The Supreme Bench is authorized to adopt rules and 
regulations governing the subject of naturalization of aliens in 
the Courts of Baltimore City, and imposing a uniform scale of 
charges to be collected from the persons applying for naturaliza- 
tion to defray the expenses incident to the operation of said 
rules and regulations. 

P. L. L.. (1S8,S) Art. 4, sec. 173A. 1894, ch. 392. 

322. Wlienever the record of proceedings in any suit, action 
or issue pending in one of the courts of common law in the City 
of Baltimore .shall bo directed to be transmitted for trial to some 
other such court of the said city, in accordance witli Article 4, 
section 8, of the Constitution, it .shall be the duty of the clerk of 
the court from whicli tlic said record of proceedings is so 



228 

directed to be removed, to immediately deliver to the clerk of 
the court to which the same is so directed to be removed, all the 
original papers in the said cause, together with a certified copy 
of all docket entries relating to the same, which original papers 
and copy of docket entries shall constitute such record of pro- 
ceedings for the purposes of such trial ; and it shall thereupon 
become the duty of the judge of the court to which the said suit, 
action or issue shall be removed immediately by special order 
to assign the same for trial to such day, or in sequence to such 
other causes, as he shall consider just and proper. 

Weiskittel v. State, 58 Md. 155. De Murgiondo v. Frazier, 63 Md, 94. 

CIRCUIT COURT OF BALTIMORE CITY. 

p. G. L., (1860) Art. 29, sec. 58. P. L. L., (1888) Art. 4, sec. 174. 

323. Whenever in any case instituted in the Circuit Court a 
jury is asked for and allowed, or is desired by the Judge thereof, 
the Judge shall issue an order to the Sheriff of Baltimore City, 
requiring him to summon twenty jurors to attend the court, 
when proceedings shall be had in such cases as is usual in like 
cases in equity. 

As to jurisdiction of this Court, see, Bartli v. Rosenfeld, 36 Md. 604, 
and Orriclj v. Boelime, 49 Md. 72. 

Commissions of Trustees. Rule of tlie Circuit Courts of Baltimore 
City as to commissions to trustees for mailing investments of trust 
funds pending litigation and general management of trust funds, con- 
strued, in re Trust Estate Hiss, Daily Record, March IS, 1891. 

Costs in Equity. The stenographer's per diem and one copy of testi- 
mony are taxable as costs in equity vmder the 35th equity rule. Beecher 
V. Baltimore Sterling Silver Co., Daily Record, January 11, 1896. 

Striking out Decrees. The striking out of a decree before enrollment 
is subject to the control of the Court during the term at which a decree 
is passed ; during such term a decree is subject to the control of the 
Court and liable, upon proper grounds shown by petition, to be altered 
or reversed. Whitelock v. Bank of Commerce, Daily Record, May 15, 
1897. 

As to non-jury trials and removals of cases from one court in Balti- 
more City to another, see, Chappell Chemical etc. Co. v. Sulphur Co., 85 
Md. 684. 

1874, ch. 312. P. L. L., (1888) Art. 4, sec. 175. 1888, ch. 194. 

324. The Judge of the Circuit Court is not required to file 
opinions for or in respect of any final decree or decretal order, 
whenever such decree or order shall have passed upon argu- 
ment, oral or in writing, on the part of any of the parties to a 
cause. This section shall apply also to the Judge of the Circuit 
Court I^umber Two of Baltimore City. 



229 

CIKCUIT COUET I^UMBER TWO OF BALTIMORE 

CITY. 

1888, ch. 194. P. L. L., (1888) Art. 4, sec. 176. 

325. Another court is established in and for the City of 
Baltimore, to be styled the Circuit Court JSTumber Two of Balti- 
more City. The powers and jurisdiction of said court shall be 
concurrent with those now held and exercised by the Circuit 
Court of Baltimore City, and both of said courts shall have the 
same terms and return days ; subject, however, to such rules 
and regulations for a proper distribution and apportionment of 
business between them as the Supreme Bench of Baltimore 
City shall from time to time prescribe. 

Ridgely v. Ridgely, 79 Md. 208. 

1888, ch. 194. P. L. L., (1888) Art. 4, sec. 177. 

326. There shall be elected another Judge of the Supreme 

Bench of Baltimore City, by the legal and qualified voters of 

said city at the election to be held in said city on the Tuesday 

next after the first Monday of ISTovember, eighteen hundred and 

eighty-eight; the said Judge, when elected, to be subject to all 

the provisions of the Constitution relating to the Supreme 

Bench in Baltimore City and the several judges thereof. 

For Legislative authority providing for the election of additional 
judges authorized by the Constitution, see, Act 1894, ch. 284 and Act 
1896, ch. 95. And see also, Act 1906, ch. 234, 

1888, ch. 194. P. L. L., (1888) Art. 4, sec. 178. 

327. There shall be elected at the same election by the legal 
and qualified voters of Baltimore City, a clerk for said Circuit 
Court JSTumber Two of Baltimore City, who shall be subject to 
all the provisions of the Constitution relating to the Clerk of the 
Circuit Court of Baltimore City. 

327A. Repealed by Act of 1908, ch. 460. 

CRIMIN"AL COURT OF BALTIMORE. 

p. L. L., (1860) Art. 4, sec. 175. P. L. L., (1888) Art. 4, sec. 179. 

328. The Criminal Court of Baltimore shall hold three 
regular sessions yearly, to commence on the second Monday of 
January, second Monday of IMay, and second l\r()iiday of Sep- 
tember; and such sessions shall continue until all the business 
before it shall be finished. 

In relation to the assignment of judges of the Criminal Court to sit 



230 

separately with a separate jury for the trial of cases, see Jackson v. 
State, 87 Md. 191. 

P. L. L., (18G0) Art. 4, sec. 176. P. L. L., (1888) Art. 4, sec. 180. 

329. At special sessions of said court, all cases may be tried 
and disposed of as at the regular terms thereof. 

P. G. L., (1860) Art. 29, sec. 59. P. L. L., (1888) Art. 4, sec. 181. 

330. The Criminal Court of Baltimore shall have jurisdic- 
tion in all cases of felony, and other crimes, offenses and misde- 
meanors within the City of Baltimore. 

1864, ch. 50. p. L. L., (1888) Art. 4, sec. 182. 

331. Any person convicted in the Criminal Court of Balti- 
more of larceny committed in Baltimore City to an amount 
under five dollars, may in the discretion of the judge of the said 
court, be sentenced to hard labor in the jail of Baltimore City 
for not less than six months nor more than two years, instead 
of the penitentiary. 

p. G. L., (I860) Art. 29, sec. 62. P. L. L., (1860) Art. 4, sec. 177. 
p. L. L., (1888) Art. 4, sec. 183. 

332. All commitments and recognizances for all felonies, 
crimes, offenses and misdemeanors committed within said city, 
shall be returned from time to time by any Justice of tiie Peace 
taking the same before said court, and shall be lodged witli the 
clerk of said court on the day next preceding the day appointed 
for holding the said court. 

Commitments. As to defective commitments, see, in re Flanigan, 
Daily Record, December 19, 1904, and iu re Livingstone, Daily Record, 
December 30, 1889; also, Cornish v. Warden City Jail, Daily Record, 
December 20, 1892. As to commitments generally, see Adams v. Supt. 
Maryland House of Refuge, Daily Record, December 3, 1903. 

P. L. L., (1860) Art. 4, sec. 184. P. L. L., (1888) Art. 4, sec. 189. 

333. It shall be the duty of the Sheriff to make return of 
each capias upon presentment or indictment from said court 
within live days after the same is delivered to him by the clerk ; 
and if said capias is returned non est, the clerk shall, in the dis- 
cretion of the State's Attorney of Baltimore City, order said 
capias to be re-issued, and the same capias shall again be deliv- 
ered to the Sheriff" ; and the date of the first return thereof shall 
be endorsed thereon ; and the second return shall be made within 
the time above specified ; and in case the said capias is returned 
the second time non est, the same shall be again so endorsed and 
delivered to the Sheriff, 



231 

p. L. L., (1860) Art. 4, see. 185. P. L. L., (1888) Art. 4, sec. 190. 

334. The clerk of said court and the Sheriff of said city shall 
be allowed only the fees for the issue of one capias, or for tlie 
service of one capias in each term, however often the same may 
be issued or returned. 

P. L. L., (I860) Art. 4, sec. 186. P. L. L., (1888) Art. 4, sec. 101. 

335. All subpoenas for witnesses from said court shall Ije 
returned by the Sheriff within six days after the same are issued 
by the clerk, or within six days after the day of the renewal of 
such subpoenas, unless the same are ordered to be returned imme- 
diately, in which case they shall be so returned, if practicable. 

P. L. L.. (1860) Art. 4. sec. 187. P. L. L., (1888) Art. 4. sec. 192. 

336. The said Sheriff shall be allowed for the service of one 
suhpwtuL only, against any witness that may be returned nan est, 
and for whom the said subpoena may be renewed, whether once 
or oftener in one term. 

P. L. L.. (I860) Art. 4, sec. 188. P. L. L., (1888) Art. 4, sec. 193. 

337. The clerk of said court, if a subpoena is renewed by 
order of the State's Attorney, or by the counsel of the prisoner 
or traverser, shall endorse the renewal, on the subpa'na, and tlie 
same shall have all the legal effect of a new subpoena issued in 
the term of said court during which said subpoena was tirst 
issued. 

P. L. L., (1860) Art. 4. sec. 189. P. L. L., (1888) Art. 4, sec. 194. 

338. The Sheriff" of said city shall be subject to a penalty of 
five dollars in each case in which returns are not made witb.iii 
the time prescribed in this sub-division of this Article. 

1890, ch. 250. P. L. L., (1888) Art. 4, sec. 194A. 

339. Witnesses appearing before the Grand Jury shall be 
sworn in the presence of the Grand Jury by the foreman or by 
some other member appointed by the foreman for that purpose. 

P. G. L., (1860) Art. 29, sec. 64. P. L. L., (1888) Art. 4, sec. 196. 

340. In all cases of misdemeanor which may be prosecuted 
in said court at the instance of any person, if the party so 
prosecuted shall be acquitted, all the legal costs and expenses 
attending the prosecution shall be paid by the person at wliose 
instance such prosecution was commenced, unless the couii; 
shall certify that there was probable cause for the prosecution. 



232 

p. G. L., (1S60) Art. 29, sec. 65. P. L. L., (1888) Art. 4, sec. 197. 

341. The same process may be issued for the recovery of the 
costs and expenses of such prosecution against the person who 
may become liable therefor under the last preceding section, as 
could be issued against the party prosecuted, if he had been 
convicted. 

1886, ch. 46. p. L. L., (1888) Art. 4, sec. 198. 

342. The Mayor and City Council of Baltimore shall not be 
liable in any criminal cases tried in the Criminal Court of 
Baltimore for the appearance fees allowed by law to the attorney 
of the traverser. 

P. G. L., (ISGO) Art. 29, sec. 66. P. L. L., (1888) Art. 4, sec. 199. 

343. Whenever the Grand Jury shall find any presentment 
against any person for misdemeanor they shall endorse on the 
presentment the name of the person at whose instance such pre- 
sentment is made, who shall be deemed and taken to be the per- 
son at whose instance such prosecution was commenced. 

P. G. L., (1860) Art. 29, sec. 67. P. L. L., (1888) Art. 4, sec. 200. 

344. If any security in any recognizance shall request to 
deliver up the principal, said court, or the judge thereof in the 
recess, may accept such surrender, and may require and take 
other recognizance, or commit the principal to jail until he gives 
such security as the law requires. 

P. G. L., (1860) Art. 29, sec. 68. P. L. L., (1888) Art. 4, sec. 201. 

345. If any person convicted in said court shall have a child 
or children under the age of twenty-one years, and shall not have 
property sufficient to maintain such child or children, the said 
court may bind such child or children to any trade or handi- 
craft ; females until the age of sixteen, and males to the age of 
twenty-one years. 

P. G. L., (I860) Art. 29, sec. 69. P. L. L., (1888) Art. 4, sec. 202. 

346. If any person who shall be summoned as a witness to 
said court shall fail to attend as required in said summons, he 
shall be fined by said court in its discretion, not exceeding one 
hundred and fifty dollars. 

P. G. L., (I860) Art. 29, sec. 70. P. L. L., (1860) Art. 4, sec. 132. 
P. L. L., (1888) Art. 4, sec. 203. 

347. In all criminal cases in the said court in which bail 



233 

shall be forfeited, the person who shall have entered into such 
recognizance for the appearance of any traverser or prisoner 
shall be liable forthwith to an attachment for contempt for the 
non-appearance of said party, which attachment shall be issued 
by the court in which an indictment against said traverser or 
prisoner is pending, at the instance of the attorney prosecuting 
therein. 

P. G. L., (1860) Art. 29, sec. 71. P. L. L., (1860) Art. 4, sec. 133. 
P. L. L., (1888) Art. 4, sec. 204. 

348. In all cases in which bail as aforesaid is forfeited, the 
court may, on the return of said attachment, order the person 
attached to stand committed until the amount of said recogni- 
zance is fully paid and satisfied, or may order said person to be 
discharged upon the payment of such lesser sum as it shall, in 
its discretion, deem proper ; provided, such sum be not less than 
the amount of the costs which may have accrued in the case up 
to the time of passing such order. 

See note page 207, City Code (1879). 

1865, eh. 187. P. L. L., (1888) Art. 4, sec. 205. 

349. In all criminal cases removed from the Circuit Court 

for Baltimore County to the Criminal Court of Baltimore and 

tried, the Judge of the Criminal Court may allow to the State's 

Attorney for Baltimore City in addition to the sum now allowed 

by law, a compensation not exceeding forty dollars in any one 

case, to be paid by Baltimore County to the City Register, for 

the benefit of the State's Attorney. 

As to costs and counsel fees In removed cases see: Mayor, etc. v. Co. 
Commrs., Balto. Co., 19 Md. 554. Co. Commrs., How. Co. v. Co. Commrs., 
Fred. Co., 30 Md. 432. M. & C. C. of Balto. v. Co. Commrs., How. Co., 
61 Md. 326. Cf., note to Wright v. Hanmer, 5 Md. 370. 

P. G. L., (1860) Art. 29. sec. 7. P. L. L., (1888) Art. 4, sec. 206. 

350. The Criminal Court of Baltimore may appoint assist- 
ant counsel for the State to aid in the trial of criminal or other 
State cases in said court whenever in the judgment of the court 
the public interest requires it. 

P. G. L., (1800) Art. 29, sec. 8. P. L. L., (1888) Art. 4, sec. 207. 

351. The Mayor and City Council of Baltimore shall levy 
and pay such sum as in their judgment will be an adequate 
compensation for the services rendered by such assistant coun- 
sel; provided, the sum levied and paid in any single case shall 
not exceed one hundred dollars. 



234 
ORPHANS' COURT. 

1865, ch. IW). P. I.. L., (1888) Art. 4, sec. 208. 1898, ch. 256. 

1900, ch. 182. 

352. The Judges of the Orphans' Court of Baltimore City 
shall receive nine dollars for every day's attendance upon the 
sessions of said Court, to be paid by the City of Baltimore 
monthly, and the sessions of said Court shall continue from 11 
A. M. until 3 P. M., if necessary for the transaction of business 
of the Court. 

1868. ch. 20. P. L. L.. (18S8) Art. 4, sec. 209. 1900, ch. 182. 

353. The Bailiff of said Orphans' Court shall receive five 
dollars a day for each day's attendance upon said Court. 

1912, ch. 167. 
353A. Every executor or administrator within ninety days 
after the grant of letters, shall pay, out of the lirst moneys re- 
ceived by him, after the first cost of letters of administration, 
and after all taxes due from his decedent shall have been paid 
or determined, the funeral expenses of his decedent, to be 
allowed in the discretion of the Orphans' Court according to the 
condition and circumstances of the deceased, in no event to 
exceed $300.00, and the same shall be preferred to all debts 
and claims against the deceased, except for taxes due and in 
arrear from the decedent. If the said funeral expenses be not 
paid within ninety days after the grant of letters testamentary 
or of administration, the person or corporation having a claim 
for such funeral expenses may present to the Orphans' Court a 
petition verified by oath praying that the executor or adminis- 
trator may be cited to show cause why he should not be required 
to make such payment, and a citation shall be issued accord- 
ingly. If upon the return of said citation it shall appear that 
the executor or administrator has received moneys belonging to 
the estate, which are applicable to the payment of the claims for 
funeral expenses, the Orphans' Court shall, unless the validity 
of the claim admitted by such executor or administrator, take 
proof as to the amount and validity of the claim, and if satisfied 
that such claim is valid, shall fix and determine the amount due 
thereon, and sliall make an order directing the payment within 
ten days after the date of such order and service of a copy 
thereof upon such executor or administrator of such claim or 
such proportion thereof as the money in the hands of the 
executor or administrator applicable thereto may be sufiicient to 
satisfy. If it shall appear that no money has come into the 



235 

hands of the executor or administrator, the proceeding shall be 
dismissed without costs in the discretion of the Court and with- 
out prejudice to a further application or applications showing 
that since such dismissal the executor or administrator has re- 
ceived money belonging to the estate. Such application shall Ije 
made upon a petition verified by oath stating the facts iipon 
which the belief of the petitioner, that there are moneys in the 
hands of such executor or administrator applicable to the pay- 
ment of his claim, is based. Upon such further application the 
issuance of the citation shall be in the discretion of the Orphans' 
Court, and no such application shall be made less than three 
months after the denial of any previous application. If upon 
any accounting it shall appear that an executor or administra- 
tor has failed to pay a claim for funeral expenses, the amount of 
which has been fixed and determined by the Orphans' Court as 
above set forth or upon such accounting he shall not be allowed 
for the payment of any debt or claim against the decedent until 
said claim for funeral expenses has been discharged in full : 
and upon failure of any executor or administrator to pay any 
claim for funeral expenses, after an order so to do, he may, upon 
application, be removed. 

EEGISTEE OF WILLS. 

p. L. L., (1S60) Art. 4. sec. 824. P. L. L., (1888) Art. 4, sec. 210. 

354. The Register of Wills of Baltimore City, upon his 
election or appointment, and at and before the expiration of 
every two years thereafter, shall give bond to the State of 
Maryland in the sum of thirty thousand dollars, conditioned for 
the faithful performance of all the duties now or which may 
hereafter be required of him by law, with securities, the sufii- 
ciency of which shall be certified by the Judges of the Orphans' 
Court for said city, the same to be approved by the Comptroller 
of the State, and when approved, to be filed in his office. 
As to commissions, see, Banlis v. State, 60 Md. 305. 

1908, cli. 118. 

354A. The Register of Wills of Baltimore City shall imme- 
diately after the enactment of this bill into law appoint two 
general appraisers, to appraise the goods, chattels and personal 
estate of all estates under administi-ation in the Orphans' Court 
of Baltimore City, who shall serve the entire term of the present 
Regi.ster of Wills, unless their places shall become vacant by 
removal from cause, death, resignation or otherwise ; and there- 
after when any other Register shall be elected or appointed, he 



236 

shall in like manner appoint four appraisers for his full term of 
office. The said appraisers shall appraise the goods, chattels and 
personal estates of all decedents under administration in the 
Orphans' Court of Baltimore City ; and shall in each case make 
the charges therefor now allowed by law and certify the same to 
the Kegister of Wills; they shall receive an annual salary of 
sixteen hundred dollars each, to be paid by said Register out of 
the fees of the office returned by said appraisers. The said 
Register shall keep an accurate account of all moneys received 
for such appraisements, and shall account for and pay the same 
except the amount required to pay the salaries of said ap- 
praisers into the State Treasury, as he is now required by law 
to account for and pay other moneys for which he is account- 
able to the State. 

r. L. L., (I860) Art. 4, sec. 825. P. L. L., (1888) Art. 4, sec. 211. 

355. When said bond is inspected by the judges of said 
court, and is deemed good and sufficient, and is so certified, the 
same shall be forthwith entered among the proceedings of said 
court, and sent to the Comptroller for his approval; and when 
said bond shall be approved by the Comptroller, he shall forth- 
with make a certificate of the fact of such approval, and send 
the said certificate to the Judges of said Orphans' Court, and 
the same shall be entered among the proceedings of the court. 

P. L. L., (18G0) Art. 4, sec. 826. P. L. L., (1888) Art. 4, sec. 212. 

356. A refusal or neglect on the part of said Register to give 
bond, to be approved and recorded as aforesaid, within the time 
prescribed, shall be deemed a disqualification within the mean- 
ing of the Constitution, and thereupon his place shall be filled 
according to the provisions of the 25th and 41st sections of the 
4th Article of the Constitution, and subject to the term and 
service therein prescribed. 

CLERKS OF THE LAW COURTS OF BALTIMORE 

CITY. 

p. G. L., (1860) Art. 18, sees. 66, 71. 1867, ch. 401. P. L. L., (1888) 

Art. 4, sec. 213. 

357. The Clerk of the Superior Court of Baltimore City 
shall give bond to the State of Maryland in the sum of thirty 
thousand dollars ; the Clerk of the Court of Common Pleas in 
the sum of fifty thousand dollars, and the Clerk of the Baltimore 
City Court in the sum of twenty thousand dollars, each of said 
bonds conditioned for the faithful performance of all the duties 



237 

now required of each of said clerks by law, with sufficient 
securities; the sufficiency of which securities shall be certified 
to by the Judge of each of said courts, and approved by the 
Comptroller of the State as herein directed. 

Vansant v. State, 96 Md. 110. Amer. Bondiug Co. v. Mechanics Bank, 
97 Md. 604. 

Bond of Clerk of Court is liable for salaries of his deputies. State 
use of Smith v. Turner, 101 Md. 584. 

Powers of Clerks of Law Courts of Baltimore City. Sections 11 and 
15 of Article IV of the Constitution of 1851 confer the powers of the- 
Clerk of the Baltimore County Court on the Clerks of the Court of 
Common Pleas and the Superior Court; all doubts on this point are 
removed by Acts of 1886, ch. 154 and 1884, ch. 233. B. & O. R. R. Co. 
V. Smith, Daily Record, March 27, 1890. 

P. G. L., (1860) Art. IS, sec. 67. P. L. L., (1888) Art. 4, sec. 214. 

358. When the sufficiency of the securities in each of said 
bonds is certified to by the judges of the several courts, the bonds 
shall be immediately recorded among the proceedings of the 
court to which the said clerk belongs, and then sent to the Comp- 
troller for his approval ; and if the Comptroller shall approve 
said bonds and securities he shall certify the same to the judges 
of said several courts, and such certificates shall be recorded in 
such respective courts. 

P. G. L., (1860) Art. IS, sec. 68. P. L. L., (1888) Art. 4, sec. 215. 

359. Each of said clerks shall every second year renew his 
said bond in the same penalty, and with securities to be certified 
and approved as hereinbefore directed. 

P. G. L., (I860) Art. 18, sec. 69. P. L. L., (1888) Art. 4, sec. 216. 

360. If any one of the clerks of said courts shall fail to give 
bond as hereinbefore directed, within thirty days after he has 
received his commission, or shall fail to give a new bond within 
thirty days after the expiration of two years from the date of 
the bond previously given, it shall be regarded as a misdemeanor 
in office, and upon conviction thereof he shall be removed. 

Dowling V. Smith, 9 Md. 242. 
.S'ee note to sec. 54, Art. XIV, page 210, Baltimore City Local Code 
(1879). 

P. G. L., (1860) Art. 18, sec. 70. P. L. L., (1888) Art. 4, sec. 217. 

361. No deputy or assistant of a clerk sliall become a surety 
oil liis official bond. 



238 

1864, ch. 74. 1864, ch. 385. P. L. L., (1888) Art. 4, sec. 218. 

362. The Clerks of the Superior Court of Baltimore City, 
of the Common Pleas, and Baltimore City Court are each 
authorized and required to prepare an index of all judgments 
rendered in the courts aforesaid; and they shall severally, on 
each day after the adjournment of court, enter in a book to be 
provided for that purpose, an index of each judgment rendered 
in the court whereof he is clerk ; and they are authorized sever- 
ally to charge and receive ten cents for each judgment indexed 
as aforesaid ; said fee to be taxed in the bill of costs of each case 
in which judgment is entered — to be collected as other fees are 
now collected. 

P. a. L., (1860) Art. 18, sec. 73. P. L. L.. (1888) Art. 4, sec. 218. 

363. All the provisions of sections 61-66 inclusive of Article 
17 of the Code of Public General Laws, title ''Clerks of Courts," 
sub-title ''Clerks of the Circuit Courts," relating' to the obtain- 
ing of blank licenses, granting the same and returning an 
account thereof to the Comptroller by the clerks of the circuit 
courts for the counties, shall apply to the Clerk of the Court of 
Common PleaSj and it shall be his duty to comply with such 
provisions. 

1800. ch. 630. P. L. L., (1888) Art. 4, sec. 218A. 1896, ch. 435. 

364. The Clerk of the Superior Court of Baltimore City is 
authorized and empowered to have fair and legible copies made 
of such land record books in his custody of the classes and de- 
scription hereinafter named, as have become worn, mutilated 
or illegible, that is to say, lifty-six volumes of the said land 
record books, of a date prior to the year eighteen hundred ; five 
volumes of the series of land record books known as ''W. G." 
and eight volumes of the said land record books, of the series 
kno\\Ti as "E. D." 

1898, ch. 146. 
364a. It shall be the duty of the Clerk of the Superior Court 
of Baltimore City, as soon as practicable after the passage of 
this Act, to make and prepare for use in his office new indexes 
of all land records and conveyances in his keeping between the 
years 1864 and 1886, and rearrange them in accordance with 
the modern system, as now used in his office for the current 
work. 

1902, ch. 189. 
3641). The Clerk of the Superior Court of Baltimore City is 



239 

hereby authorized to prepare a set of indexes, upon the block 
system, or general index plan, now in use in his office, as may 
appear to be most practicable, for the land records covering the 
period between the years 1851 and 1888. 

1890, ch. 630. P. L. L., (1888) Art. 4, sec. 218B. 

365. A copy made in pursuance of the provisions of the pre- 
ceding sections, and compared and certified under oath by the 
said Clerk of the Superior Court of Baltimore City, to be a 
true copy, shall have the same force and effect when deposited 
among the said land records of said city, as if it were an original 
record. 

1890, ch. 630. P. L. L., (1888) Art. 4. sec. 218C. 

366. After the aforesaid copies shall have been duly made as 
above provided, the original land record books so replaced shall 
be removed to some place of safe keeping by the said Clerk of 
the Superior Court of Baltimore City, and carefully preserved, 
and only exliibited or allowed to be inspected upon an order of 
court, or in the discretion of the said Clerk of the Superior 
Court of Baltimore City. 

CLERK OF THE CRIMINAL COURT OF BALTIMORE. 

p. G. L., (1860) Art. 18, sec. 74. P. L. L., (1888) Art. 4, sec. 219. 

367. The Clerk of the Criminal Court of Baltimore shall 
give bond to the State of Maryland in the penalty of fourteen 
thousand dollars, with sufficient securitv, to be approved by the 
Judge of said court ; and conditioned for the faithful perform- 
ance of all the duties now required, or which may hereafter be 
required of him by law, and to be recorded in the office of said 
clerk. 

P. G. L., (1860) Art. 18, sec. 75. P. L. L., (1888) Art. 4, sec. 220. 

368. The said clerk shall renew said bond at the same time 
and under the same penalty as are prescribed for the clerks of 
the Circuit Courts. 

CLERK OF THE CIRCUIT COURT OF BALTIMORE 

CITY, AND OF THE CIRCUIT COURT NUMBER 

TWO OF BALTIMORE CITY. 

P. G. L., (1860) Art. 18, sec. 76. 1888, ch. 194. P. L. L., (1888) 

Art. 4, sec. 221. 

369. IIk' ("Icrk of the Cir<-uit Court of Baltimore Citv, aiid 



240 

of the Circuit Court Number Two of Baltimore City, shall 
respectively enter into bond to the State in the penalty of 
twenty thousand dollars, conditioned for the faithful discharge 
of his duties, with security to be approved by the Judge of said 
courts. 

SALAKIES OF CLERKS OF COURTS. 

1868, ch. 54. P. L. L., (1888) Art. 4, sec. 222. 

370. Wlienever the fees or other compensation of any of the 
clerks of the courts of Baltimore City shall, after the payment 
of all necessary expenses, fail to pay such officers the salary 
provided for by the Constitution, and any of said clerks ghall, 
imder section 1st, Article 15, of the Constitution, have paid to 
the State any sum of money as excess, after retaining his salary, 
such excess is appropriated to the payment of the salary so in 
arrear until each of said clerks shall have received the full 
amount thereof; and it shall be the duty of the Comptroller of 
the State to draw a warrant upon the State Treasurer for the 
payment of said arrears out of the said excess, not to exceed the 
whole amount so in arrears, and not to exceed the whole amount 
of said excess paid into the treasury of the State. 

1896, ch. 438. 1912, ch. 343. 

371. The Comptroller of the State of Maryland be and he is 
hereby directed to draw a warrant upon the State Treasurer 
for the payment of the sum of twenty-five hundred dollars per 
annum in each and every year, in quarterly installments of six 
hundred and twenty-five dollars at the end of each and every 
quarter, for the compensation of the trust clerk designated by 
the Supreme Bench of Baltimore City in the offices of the 
Circuit Court of Baltimore City and Circuit Court 'No. 2 of 
Baltimore City, for the supervision of the trust estates in said 
courts, payment of said salaries to be made out of any money 
paid by the clerks of the several courts of Baltimore City into 
the State Treasury, and on the certificate of some one of the 
judges of the Supreme Bench of Baltimore City that such trust 
clerk has performed his duties for the time so certified by said 
judge ; the clerk of the Circuit Court of Baltimore and of the 
Circuit Court ISTo. 2 of Baltimore City be and they are hereby 
authorized and directed to appoint a chief clerk for each of their 
respective Courts, said appointment to be subject to confirma- 
tion by the Supreme Bench of Baltimore City ; and when said 
appointments have been so made and confirmed the Comptroller 
of the State of Maryland be and he is hereby directed to draw 



241 

two warrants upon the State Treasurer, each for the payment 
of the sum of two thousand five hundred dollars per annum in 
each and every year in quarterly installments of six hundred 
and twenty-five dollars at the end of each and every quarter, for 
the compensation of each of the two chief clerks so appointed 
and confirmed. 

CRIERS, BAILIFFS, WATCHMEN" A:N'D STENOGRA- 
PHERS. 

p. L. L., (1860) Art. 4, sec. 134. 1888, ch. 194. P. L. L., (1888) 

Art. 4, sec. 223. 

372. The Clerks of the Circuit Court, Circuit Court Num- 
ber Two, the Criminal Court, the Court of Common Pleas, the 
City Court and the Superior Court of Baltimore City shall sever- 
ally, at the end of every month, certify to the Mayor and Regis- 
ter of the city the amount due the several bailift's and criers of 
their respective courts, and the Mayor and Register shall pay 
them accordingly. 

1864, ch. 113. P. L. L., (1888) Art. 4, sec. 224. 

373. The City Register shall pay to the crier of the Superior 
Court of Baltimore City, the crier of the Baltimore City Court, 
and the crier of the Court of Common Pleas of Baltimore City 
the sum of fifteen hundred dollars per annum, in monthly in- 
stallments of one hundred and twenty-five dollars at the end of 
each and every month, as and for their respective salaries, on 
the certificates of said clerks of the said courts that said criers 
have performed their several duties as criers of said courts for 
the time so certified by said clerks. 

1870, ch. 94. 1888, ch. 194. P. L. L., (1888) Art. 4, sec. 225. 

374. The City Register shall pay to the bailiffs, respectively, 
of the Superior Court of Baltimore City, of the Court of Com- 
mon Pleas of Baltimore City, of the Baltimore City Court, of 
the Circuit Court of Baltimore City, of the Circuit Court 
Number Two of Baltimore Citv and of the Criminal Court of 
Baltimore City the sum of fifteen hundred dollars per annum, 
as and for their respective salaries, at the same time and in the 
same manner as is provided in the preceding section for the 
payment of the salaries of the crier of the Superior Court, the 
crier of the Baltimore City Court and the crier of the Court of 
Common Pleas of Baltimore City. 



242 

1872, ch. 87. 1888, ch. 194. P. L. L., (1888) Art. 4, sec. 226. 

375. The Clerk of the Circuit Court of Baltimore City and 
the Clerk of the Circuit Court Number Two of Baltimore City 
are respectively authorized and empowered to appoint a night- 
watchman, whose duty shall be to strictly and vigilantly guard 
throughout the year, between the hours of six P. M. and seven 
A. M., the records and papers deposited in their respective 
offices, and who shall be removed in the discretion of the said 
clerks, respectively, for neglect or carelessness in the discharge 
of his duties, or for other good and sufficient cause. 

1872, ch. 87. 1888, ch. 194. P. L. L., (1888) Art. 4, sec. 227. 

376. The City Register shall pay to the said watchman the 
sum of nine hundred dollars per annum, as and for their re- 
spective salaries, in the same manner as is provided for the pay- 
ment of the salaries of the bailiffs of the Courts. 

1878, ch. 479. P. L. L., (1888) Art. 4, sec. 228. 

377. The Clerk of the Court of Common Pleas in Baltimore 
City is authorized and empowered to appoint a night watchman, 
whose duty it shall be to strictly and vigilantly guard, through- 
out the year, the records and papers deposited in the office of 
the Clerk of the Court of Common Pleas, and who shall be 
removed, in the discretion of the said clerk, for neglect or care- 
lessness in the discharge of his duties, or for other good and 
sufficient cause. 

1878, ch. 479. P. L. L., (1888) Art. 4, sec. 229. 

378. The City Register shall pay to the said watchman the 
sum of eighty-three dollars and thirty-three cents per month, as 
and for his salary, in the same manner as is provided for the 
payment of the salaries of the bailiffs of the courts. 

1867, ch. 373. 1892. ch. 122. P. L. L., (1888) Art. 4, sec. 230. 

1908, ch. 476. 

379- The judges of the Supreme Bench of Baltimore City 
are authorized and directed to appoint from time to time as 
many court stenographers, not exceeding in number altogether 
the number of said judges, as shall in their discretion be re- 
quired for the services of the several courts of Baltimore City, 
who shall be sworn officers of the court, and shall each be paid 
a salary of eighteen hundred dollars per annum when such sten- 
ographers shall be required to attend the courts regularly, or ten 
dollars per diem for each day of actual employment when he 



t < I 



243 

sliall be appointed to attend only when his services shall be 
specially required by the judges ; the said salaries to be paid in 
like manner as the salaries of the other officers of the courts are 
now paid, as prescribed in section 372. 

1867, ch. 373. P. L. L., (1888) Art. 4, sec. 231. 1892, ch. 122. 

380. Each of the stenographers so appointed shall be skilled 
in the practice of his art, and shall hold his position during the 
pleasure of the Supreme Bench. It shall be his duty, under the 
direction of the judge of the court to which he may be assigned 
for the time being, to take full stenographic notes of all oral 
testimony and judicial opinions orally delivered in every judi- 
cial proceeding ; and it shall be his duty to furnish to any party 
to such proceeding, upon request, a typewritten copy of the 
notes of testimony and judicial opinions so taken by him, or of 
such part thereof as may be required, on payment by such party 
of the expenses of such copy, at such rates as shall be fixed by 
rule of court at the time. Whenever any judge shall be satisfied 
that a copy of all or any part of the stenographic notes of testi- 
mony or judicial opinions, taken during any judicial proceeding 
at which he presided, is necessary for the purpose of justice, he 
shall under such rules as shall be prescribed by the Supreme 
Bench, pass an order that the expense of making a copy of such 
part of said stenographic notes as he shall specify in said order 
shall be deemed a necessary disbursement of the proceeding, and 
allowed as such to the prevailing party, and it shall be so taxed 
in the bill of cost, but shall be paid in the first instance as shall 
be directed in said order. 

1867, ch. 373. P. I.. L.. (1888) Art. 4, sec. 232. 

381. The Judges of the Orphans' Court of the City of Balti- 
more are authorized and directed to appoint a stenographer for 
that court, who shall be a sworn oflicer of the court, but shall be 
required to attend the sessions of such court only when specially 
summoned by the presiding judge thereof. The stenographer so 
appointed sliall be skilled in the practice of his art, and shall 
hold his position so long as he efiicicntly discharges the duties of 
his office. In any proceeding in said court in which either party 
shall give notice that in the event of a decision of said court 
adverse to the claim of such party, an appeal will be taken to 
the Court of Appeals, the presiding judge of the court shall 
require the attendance of the stenographer, whose duty it shall 
be in .sucli proceedings to take full stenographic notes of all oral 
proofs anfl jiuliciiil opiiiions orally delivered ; and in case ap])eal 



244 

shall be taken from the decision of the court, such notes shall 
be transcribed, and after being signed by the witnesses, depo- 
nents or affiants, shall become a portion of the record of the case, 
to be transmitted by the judges of the court to the Court of 
Appeals. By consent of the parties to the proceedings in which 
such proofs shall be taken, and of the judges of said court, the 
signing of such record of proof by the witness, deponent or 
affiant, may be waived ; in which case such record, after being 
authenticated by the certificate of said stenographer, or of the 
presiding judge of the court, shall be deemed to be the record 
of any proofs or proceedings so taken. The stenographer shall 
receive as compensation for his services the sum of eight dollars 
for each day of actual attendance at the court, by direction of 
the presiding judge thereof, which sum the presiding judge 
shall cause to be paid equally by the respective parties to the 
proceeding in which the notes shall be taken, and shall enforce 
payment thereof ; and if the notes so taken shall be transcribed, 
as hereinbefore provided, the expense of such transcriptions, at 
the rate of ten cents for each one hundred words so transcribed, 
shall be taxed in the bill of costs of the proceeding to the party 
appellant, and shall thereafter be awarded as costs by the Court 
of Appeals, in accordance with the provisions of the Code of 
Public General Laws. 

Cannon v. Crook, 32 Md. 483. Denison v. Denison, 35 Md, 370. 

1867, ch. 373. P. L. L., (1888) Art. 4, sec. 233. 

382. The stenographer in each of the courts hereinbefore 
named may appoint an assistant stenographer, who shall also be 
a sworn officer of the court, to assist him in the discharge of his 
duties ; provided that no additional compensation shall be paid 
or expense incurred by reason of such appointment. 

SHERIFF. 

383. Repealed by Act of 1912, ch. 202. 

1861, ch. 55. P. L. L., (1888) Art. 4, sec. 235. 

384. Any officer may send out his fees on execution at any 
time during the year. 

1861, ch. 53. p. L. L., (1888) Art. 4, sec. 236. 

385. The Sheriff shall collect the fees due to the following 
officers, which may be placed in his hands for collection, namely : 
attorneys, clerks of all the courts, commissioner of the land 
office, coroners, criers, registers of wills, surveyors and sheriffs. 



245 

1861, ch. 53. P. L. L., (ISSS) Art. 4, sec. 237. 

386. The Sheriff may distrain or execute the goods and 
chattels of any person against whom any fees are phiced in his 
hands for collection; provided, he has sixty days previously de- 
livered to such person, or left at his place of abode, an account 
of such fees. 

WITNESSES, DOCKET ENTRIES, RECORDS. 

187S, ch. 28. P. L. L., (1888) Art. 4, sec. 288. 1898, ch. 123. 

1900, ch. 279. 

387. Witnesses attending any of the Courts of Baltimore 
City, except the Criminal Court of Baltimore, shall be entitled 
to fifty cents a day, and in the Criminal Court shall not be 
entitled to said allowance, except by the express order of the 
Court, and only in such cases as the Court in its discretion may 
deem proper. But any of the Courts of Baltimore City may, in 
its discretion, allow itinerant charges to out-of-town witnesses. 

1884, ch. 23. P. L. L., (1888) Art. 4, sec. 239. 

388. In any suit now pending, or hereafter to depend, in any 
court in the City of Baltimore, wherein a transcript of the 
record of any cause in any other court in the City of Baltimore 
might be offered in evidence, it shall be sufficient to produce the 
docket entries and original papers and proceedings in said last- 
mentioned cause, or the record book in which the same have been 
recorded, and if required by law to be recorded, and actually 
recorded, and offer the same in evidence ; and the same, when so 
produced and offered in evidence, shall have the same effect, to 
all intents and purposes, as a transcript of the record thereof, 
under the seal of the court wherein the same are ; and such pro- 
duction may be had by any party to a suit upon a suhpwna duces 
tecum issued to the clerk of the court wherein such docket 
entries, original papers and proceedings may be. 

Kilbourn v. Goldsmith, 46 Md. 289. 

COSTS. 

1882, ch. 354. P. L. L., (1860) Art. 4, sec. 1591/2- 
P. L. L., (1888) Art. 4, sec. 240. 

389. In all actions at law for wrongs, independent of con- 
tracts, in any of the courts of Baltimore City, where the verdict 
or iixjuisition of damages after default made shall be for a sum 
less than fifty dollars, the costs shall be adjudged to the de- 
fpiirlaiit, unlf'Ks the Court shal] otherwise determine; but the 



246 

Court, before allowing costs to the plaintiff in such case, shall 
be satisfied that he had good reason for not bringing suit before 
a Justice of the Peace; and in all cases of appeals whatsoever 
from judgments of Justices of the Peace in Baltimore City, 
costs shall be allowed to plaintiff or defendant, in the discretion 
of the Court; provided, that in all cases involving the title to 
real estate, wherein the verdict or judgment is for the plaintiff", 
he shall be allowed his costs. 

Repp V. Berger, 60 Md. 1. 

Costs. As to allowance for costs of depositions rendered unnecessary 
by the appearance of party at trial, see, 

Dorsey v. Heinzerling, Daily Record, October 18, 1897. 

A rule sevuHty for costs will not be laid against a non-resident legal 
defendant when there is a resident equitable defendant liable for such 
costs under the statute. 

Kellog V. Bokee, Daily Record, December 7, 1898. 

As to attachment for costs, see, Matthews v. Davidson, Daily Record, 
June 17, 1891. 

390. Kepealed by Act 1902, eh. 496. 

391. Repealed by Act 1902, ch. 496. 

392. Repealed by Act 1902, ch. 496. 

393. Repealed by Act 1902, ch. 496. 

394. Repealed by Act 1902, ch. 496. 

DEAF, DUMB AND BLIND. 

p. G. L., (1860) Art. 33, sec. 1. P. L. L., (1888) Art. 4, sec. 246. 

395. It shall be the duty of the Mayor and City Council of 
Baltimore, on the application of any parent, guardian or next 
friend (provided such parent, guardian or next friend has been 
a bona ffde citizen of this State for at least two years previous 
to such application) of any deaf and dumb person of teachable 
age and capacity, not exceeding the age of twenty-one years, to 
inquire into the age and capacity of said deaf and dumb person, 
and also into the ability of such person, his or her parent or 
guardian, to pay the expense of his or her education: and if 
satisfied by evidence produced that such person is of teachable 
age, and is endowed with capacity to receive instruction, and 
that neither person, or his or her parents or guardian is pos- 
sessed of means to pay for such instruction, then it shall be the 
further duty of the Mayor and City Council of Baltimore afore- 
said to certify the same to the Governor of this State. 



247 

P. G. L., (1S60) Art. 33, sec. 2. 1865, ch. 68. 1870, ch. 478. 
P. L. L., (1888) Art. 4, sec. 247. 

396. On receiving the certificate of the Mayor and City 
Council of Baltimore as aforesaid, it shall be the duty of the 
Governor to authorize the instruction of said deaf and duml) 
person in the Maryland Institute for the Education of the Deaf 
and Dumb, located at Frederick, for a term not exceeding seven 
years ; and it shall be the further duty of the Governor, on the 
certificate of the President of said institution that such deaf 
and dumb person has been taught at said institution, to order 
the Comptroller of the Treasury to draw his warrant on the 
Treasurer of the State for two hundred dollars per annum for 
each deaf and dumb person taught in pursuance of his authority 
at said institution, payable to the president thereof, in quarterly 
payments, on the first days of January, April, July and October 
in each year ; and the Governor shall also order the Comptroller 
of the Treasury to draw on the State Treasurer his warrant, 
payable to the proper party, for the expenses necessarily in- 
curred in transporting and returning said deaf and dumb per- 
son ; provided, that the whole amount drawn from the treasury 
for the purposes aforesaid shall not exceed seven thousand five 
hundred dollars in any one year ; provided, further that the 
Governor shall dispose of applications in behalf of deaf and 
dumb persons, under the provisons of this sub-division of this 
Article, in the order in which they may be made ; and if the 
applications be more than sufiicient to absorb the aforegoing 
appropriation, he shall suspend the action upon the excess until 
vacancies occur, or further provision be made by the General 
Assembly. 

P. Cr. L.. (I860) Art. 33, sec. 3. 1808, ch. 205. 1886, ch. 278. 
P. L. L., (1888) Art. 4, sec. 248. 

397. A sum not exceeding twenty-one thousand dollars shall 
be and is hereby annually appropriated, to be applied, under 
the direction of the Governor, in placing for instruction in tlie 
Maryland Institute for the Instruction of the Blind, such indi- 
gent blind persons of the age of nine years and upwards, in- 
hal)itants of this State and the county or city from whicli they 
are recommended, to the Governor by the county connnissioners 
of each county, or the judges of the Orphans' Court of Balti- 
more City'. 

I'. <;. L., (I860) Art. 33, sec. 4. P. L. L., (1888) Art. 4, see. 249. 

398. Tho recommendation shall state that such blind persons 



248 

are in such indigent circumstances as to be unable from their 
own resources, or those of their parents, to obtain instruction, 
and are of good natural capacity. 

1865, cli. 75. 1886, ch. 278. P. L. L., (1888) Art. 4, sec. 250. 

399. The amount per annum paid for any one individual 
shall not exceed the sum of three hundred dollars, nor the term 
of instruction eight years. 

p. G. L., (1860) Art. 33, sec. 6. P. L. L. (1888) Art. 4, sec. 251. 

400. The Governor shall report to the General Assembly at 
each regular session thereof the amount of money expended by 
him in pursuance of the provisions of this sub-division of this 
Article and the names, ages and places of residence of the dif- 
ferent applicants. 

1912, ch. 71. 

400a. That the Mayor and City Council of Baltimore be and 
it is hereby authorized and empowered to appropriate for the 
Maryland Workshop for the Blind a sum not exceeding five 
thousand dollars ($5,000.00) annually, to aid in the mainte- 
nance of the work of that institution. 

DESTROYING PROPERTY MALICIOUSLY. 

p. L. L., (1888) Art. 4, sec. 251 A. 1896. ch. 270. 

401. If any person shall maliciously cut, disfigure, mutilate, 
damage, destroy or otherwise injure any goods, wares, materials 
or merchandise intended to be manufactured, made up or con- 
verted into garments, wearing apparel or other articles of mer- 
chandise, and belonging to any other person, or shall maliciously 
cut, disfigure or otherwise injure any garments, wearing apparel 
or other articles of merchandise belonging to any other person, 
or shall cause the same to be done, or shall by any means cause 
or incite any person to do the same, upon conviction thereof, 
before any tribunal of competent jurisdiction, he shall be fined 
not more than fifty dollars, or to be sentenced to imprisonment 
in the House of Correction for not more than six months, or both 
fined and imprisoned in the discretion of the court. 

402-425. Sections 402 to 425 both inclusive, repealed by 
Act 1902, ch. 296. 

This act (1902, ch. 296) repeals the Local Law upon the subject of 
Elections, and by supplementing Art. 33 of the Public General Laws 
provides for elections in Baltimore City. 



249 
EXAMINING ENGINEERS. 

1892, cli. 448. P. L. L., (1888) Art. 4, sec. 297 A. 

426. The Governor shall bieuuially appoint, in and for the 
City of Baltimore, two engineers who have had not less than ten 
years practical experience in running steam engines, boilers and 
appliances pertaining to stationary or portable engines, and 
who have been residents of this State for not less than five years 
next preceding the date of their appointment, who shall consti- 
tute and be known as the ''Board of Examining Engineers." 
The parties so appointed, before entering on their duties, shall 
make oath before a, Justice of the Peace that they will faith- 
fully perform the duties of their office without fear, partiality 
or favor; and that they will not, during their term of office, 
accept any money, gift, gratuity or consideration from any per- 
son, and shall give bond to be approved by the Comptroller of 
the State, in the sum of three thousand dollars each, for the 
faithful discharge of their duties; and before entering on said 
discharge of their said duties, the said inspectors shall provide 
themselves with an office in a proper location in the City of 
Baltimore, and shall give notice by publication for at least five 
days through the two daily papers having the largest circulation 
in said city, of the time and manner in which they will make the 
examinations hereinafter provided for. 

1892, ch. 448. P. L. L., (1888) Art. 4, sec. 297B. 1910, ch. 662. 

427. The said board shall have general supervision of all 
stationary engineers within the State of Maryland, except as 
hereinafter provided ; it shall be their duty to examine all engi- 
neers of the age of twenty-one years or upwards, who shall apply 
to them for examination, and to give all parties so examined a 
certificate of proficiency if found proficient, and to refuse to 
give such certificate if not found proficient, and the parties so 
receiving such certificate shall pay to the said board the sum of 
three dollars ($3) for each certificate so issued and from all 
renewals of all grades the sum of one dollar and fifty cents 
($1.50) ; said certificate shall be of four grades; a certificate of 
the first grade will permit the holder thereof to take charge of 
any plant of machinery ; the second grade to take charge of any 
plant of machinery from one to five hundred horse-power, and 
the third grade to take charge of any plant of machinery from 
one to thirty horse-power, and the fourth grade to take chai'ge 
of any hoisting or portable plant of machinery; and the said 
certificate shall run for the term of one year, and shall be re- 
newed annually, the term of beginning of said certificate to be 



250 

from the date of the examination of the respective applicant ; 
provided, that no engineer having such certificate shall have 
charge of more than one plant of machinery at the same time 
unless said plant be of the same company and at one and the 
same place ; and no substitute who has not been examined and 
received a certificate, aforesaid, shall be placed in charge of 
machinery by any engineer who has. 

1892, ch. 448. P. L. L., (1888) Art. 4, sec. 297C. 
428. All persons of twenty-one years of age or upward who, 
after the adoption of this Article, shall desire to fill a position 
as a stationary engineer, must make application to the "Board 
of Examining Engineers" for examination and certificate of 
proficiency, before he can pursue his avocation as such engineer ; 
provided, that any engineer employed as stationary engineer at 
the works of any steam railway, or any engineer employed as 
such with any stationary engine, who at the time of the adop- 
tion of this Article shall have been employed at the same place 
for the term of six months or more, shall not be required to 
apply for such examination and certificate ; but whenever such 
engineers shall remove from the place where so employed they 
shall be, and are hereby required to make application for exami- 
nation and certificate to said Board of Examining Engineers as 
hereinbefore provided ; and provided further, that the provisions 
of this section shall not apply to persons running engines and 
boilers in sparsely settled country places, where not more than 
twenty persons are engaged in work about such engines and 
boilers, nor to engineers running country saw and grist mills, 
threshing machines and other machinery of a similar character, 
nor to marine engineers engaged in steamboats, ships and other 
vessels run by steam, nor to those engaged as locomotive engi- 
neers of any steam railway company. And in the event of any 
charge being made to said board, of any engineer who may hold 
a certificate from them, of being intoxicated, while in charge 
of an engine or boiler, or of the neglect of duty on the part of 
such engineer or engineers, it shall be the duty of said board to 
immediately hear such charge, and if sustained, annul such cer- 
tificate. The certificate granted to the respective applicants 
must be framed and kept in a conspicuous place at such place as 
such persons may be respectively at work. Any person violating 
the provisions of this sub-division of this Article shall be deemed 
guilty of a misdemeanor, and upon trial and conviction before 
a Justice of the Peace, shall be fined not less than twenty-five 
dollars nor more than fifty dollars, one-half of which shall be 
paid the informer and the balance to the State. 



251 

1892, eh. 448. P. L. L.. (1SS8) Art. 4, sec. 297D. 

429. Said Board of Examining Engineers shall meet at 
their office in the City of Baltimore for the pnrpose of examin- 
ing applicants at least once in every week, and at a specified 
hour and day, and shall sit until all applicants shall be examined, 
and in the event of inability to examine all the applicants on 
the regular day of meeting, they shall continue their sessions 
for each successive day until the same shall be completed. They 
shall visit and inspect the running and management of all 
steam plants wherein the engineers are required to be examined 
as hereinbefore provided, not less than once every six months, 
and in the event of their finding on such examination that the 
engineer or engineers in charge of such plant or machinery are 
not running and managing the same with proper skill and care, 
they shall report the same to the State Board of Boiler Inspec- 
tors for their action ; and said Board of Examining Engineers 
are hereby invested with power and authority to enter all such 
premises and make the examination herein provided for; and 
any owner of any such premises who shall refuse to allow them 
to enter and make such examination shall be deemed guilty of a 
misdemeanor and be punishable upon trial and conviction, as 
provided in the preceding section. 

1892, ch. 448. P. L. L., (1SS8) Art. 4, sec. 297E. 

430. The said Board of Examining Engineers shall receive 
an annual salary of fifteen hundred dollars each, and shall have 
power to employ a clerk or secretary at a salary not exceeding 
the sum of one thousand dollars per annum, and such expense 
shall be allowed said board as shall be incurred in traveling- 
expense, office rent, stationery and printing, and for which they 
shall produce to the Comptroller of the State Treasury, proper 
vouchers ; provided, however, that no appropriation shall be 
made and no moneys paid by the State Treasurer to said board 
for or on account of said salaries and expenses, but that the 
same shall be paid to them by and from the fees received for the 
examination and certificates hereinbefore provided for; and 
provided further, that the said board shall keep a strict account 
of all fees received for such purposes, and quarterly, under oath 
or affirmation, return such statement to the Comptroller of the 
State I'reasurv; and whenever the amount is in excess of the 
salaries and expenses hereinbefore provided foi" they shall for- 
ward such excess to said Comptroller, and they shall keep a 
certificate book with the certificates therein duly iinml)ered and 
of which to each certificate there is a corresponding stub to be 



252 

filled in to correspond in all respects to the certificate issued, and 
subject to the inspection of the Comptroller, when he may deem 
the same necessary. 

FEKRIES. 

1868, ch.l87. P. L. L., (1888) Art. 4, sec. 298. 

43i. The Broadway and Locust Point Steam Ferry Com- 
pany of Maryland is created to establish a steam ferry, suitable 
to transport passengers, aoods, wagons, carriages, live-stock or 
any other transportable article, across, over and within the 
harbor of Baltimore ; and the said corporation is made capable 
of erecting wharves, buildings, or any other contrivances neces- 
sary or convenient for the conduct of the business of the ferry, 
for which purpose the said corporation is authorized to pur- 
chase, hold, sell, rent or lease land. And the said company is 
authorized and empowered to hold and use as a wharf or land- 
ing, for the use of said ferry, the end of the wharf commonly 
known as the County wharf, together with a right of way in 
common with others, through the centre of said wharf, of the 
width of ten feet, as a thoroughfare for travel to and from the 
end of said wharf; and all the remainder of the border sides 
and surface of the said wharf, except the end and right of way 
granted, is reserved exclusively for the landing of such fruits, 
vegetables and other agricultural products as may be brought 
from the counties to the City of Baltimore, for sale or otherwise. 
Broadway and Locust Point Ferry Co. v. Hankey, 31 Md. 346. 

1870, ch. 436. P. L. L., (1860) Art. 4, sec. 299. 

432. The said corporation is authorized and empowered to 
occupy and use the wharf at the foot of Haubert Street, in the 
City of Baltimore, as a wharf or landing place for the ferry 
boats of said company, in exclusion of all other steam ferry 
boats plying in the harbor of said city. 

1870, eh. 436. P. L. L., (1888) Art. 4, sec. 300. 

433. It shall not be lawful for any steam ferry boat, other 
than one of those belonging to the said Broadway and Locust 
Point Steam Perry Company of Maryland, to land at or use 
either of the sides or the end of said wharf at the foot of Hau- 
bert street, nor the end or either of the sides of the wharf at the 
foot of Broadway, mentioned in section 431 of this Article ; and 
any and every person in charge, control or command of any 
steam ferry company, other than a boat belonging to the said 
company, who shall use or attempt to use the ends or either of 



253 

the sides or any part of the wharves mentioned, for a landing 
place or wharf for the steam ferry boat so in his charge, control 
or command, shall each he subject to, and shall pay a line of 
twenty-five dollars for each and every time the said steam ferry 
boat so in his charge, control or command of such person shall 
touch at either of the wharves aforesaid, which fines shall be 
enforceable and collectible according to law. 

Broadway, etc. Co. v. Hankey, 31 Md. 346. 

1870, ch. 436. P. L. L., (1888) Art. 4, sec. 301. 

434. The said company is authorized to erect gates and 
ticket houses on the wharves at the foot of Broadway and 
Haubert street in said City of Baltimore. 

1868, ch. 187. 1870, ch. 436. P. L. L., (1888) Art. 4, sec. 302. 

1902, ch. 351. 

435. The said corporation shall keep and run on their ferry 
routes two good and substantial steam ferry boats, staunch and 
seaworthy, and supplied according to the law in such cases made 
and provided ; and the said corporation shall so manage the said 
ferry as that one of their ferry boats shall leave each end of said 
ferry at least every ten minutes between the hours of six o'clock 
A. M. and eight o'clock P. M., and at intervals of twenty-five 
minutes between the hours of eight o'clock P. M and twelve 
o'clock midnight ; provided, that the requirements of this section 
shall be directory only and not mandatory upon said corporation 
when the weather, public convenience or traffic justify said 
corporation in altering said requirements. 

1868, ch. 187. P. L. L., (1888) Art. 4, sec. 303. 

436. The said corporation shall not charge any greater sums 
than are contained in the following scale of prices, to wit : For 
one passenger, five cents ; for one horse, mule or ass, and rider 
or driver, ten cents; for one cow and driver, ten cents; for 
every swine, three cents ; for every sheep, two cents ; for every 
calf, two cents ; for every heifer, three cents ; for one horse, cart 
and driver, fifteen cents; for two horses, cart and driver, 
eighteen cents ; for one horse, wagon and driver, fifteen cents ; 
for two horses, wagon and driver, eighteen cents ; for every addi- 
tional horse to those above enumerated, harnessed to a wagon or 
cart, three cents ; for every two-seated carriage and two horses, 
fifteen cents ; for every four-seated carriage and one horse, twelve 
cents; for every four-seated carriage and two horses, twenty 
cents ; for every additional horse to those above enumerated, har- 



254 

nessed to a carriage, five cents ; for one lumber wagon and one 
horse or two horses, twenty-five cents. 

1868, ch. 187. P. L. L., (1888) Art. 4, sec. 304. 

437. Firemen in actual discharge of their duties, together 
with their apparatus, accoutrements and horses, police officers 
in the actual discharge of their duties, and all funerals, shall 
pass free. 

FINES AND FORFEITURES. 

p. L. L., (1860) Art. 4, sec. 232. P. L. L., (1888) Art. 4, sec. 305. 

1892, ch. 411. 

438. One-half of all fines adjudged by and accruing in the 
Criminal Court of Baltimore, when secured by the Sheriff of 
Baltimore City, shall be paid to the ]\Iayor and City Council of 
Baltimore, and out of said fines the judge of said court may 
order and direct to be paid to the State's Attorney of said city 
such additional fees in cases of extraordinary duration and 
trouble, as he may deem just and reasonable, but this section 
shall not have any effect upon the rights of informers. 

Rawlings v. State, 2 Md. 20. 

1884, ch. 119. P. L. L., (1888) Art. 4, sec. 306. 1894, ch. 519. 

439. The Sheriff of Baltimore City shall, on or before 
the first day of December in each year, divide equally all 
fines imposed by the Criminal Court of Baltimore City on 
persons convicted for keeping houses of ill-fame, among such 
incorporated dispensaries of said city as shall comply with the 
provisions of the succeeding section. 

Snowden v. Baltimore Dispensary, 60 Md. 85. 

1884, ch. 119. P. L. L., (1888) Art. 4, sec. 307. 

440. Such fines shall be divided equally among those incor- 
porated dispensaries which shall, within ten days after the 
tenth day of November in each year file in the ofiice of the 
Sheriff of Baltimore City separate reports, the truth of each of 
which shall be sworn to by one of the officers of the dispensary 
filing the same, before any officer of the State of Maryland 
authorized bv law to administer oaths, showing: that in the vear 
preceding such tenth day of November, the said dispensary had 
under its charge more than two thousand separate persons as 
patients, and that its said dispensary was open for the treat- 
ment of disease two hours daily, and for the free distribution of 



255 

medicine to the poor six hours daily on each week day and two 
continuous hours on each Sunday in said year. 

1884, ch. 119. P. L. L., (ISSS) Art. 4, sec. 308. 

441. In case said fines shall not be claimed by any such 
dispensary in the manner specified in the two preceding sec- 
tions, then said fines shall be paid by the Sherift" to the Mayor 
and Citv Council of Baltimore. 

1884, ch. 119. P. L. L., (1888) Art. 4, sec. 309. 

442. The said Sheriff's official bond shall be responsible for 
the faithful payment of said money as hereinbefore provided, 
and shall be liable for any default in any duty herein required 
to be performed by him. 

P. L. L., (1860) Art. 4, sec. 234. P. L. L., (1888) Art. 4, sec. 310. 

1908, ch. 18. 

443. No person shall hereafter be allowed to give security 
for the payment of any fine and costs imposed by the Criminal 
Court of Baltimore, but any person who shall be sentenced by 
the court to the payment of any fine and costs shall stand com- 
mitted until they are paid. And in default of the payment of 
said fine and costs shall serve one day in jail for each dollar or 
fractional part thereof of said fine and costs ; provided, however, 
that in no case shall the term of such imprisonment in default 
of the payment of any fine and costs exceed six months. 

In connection with fines, see, Day v. State, 7 Gill 322. State v. Mace, 
5 Md. 337. 

1908, ch. 314. 

443A. The provisions of the aforegoing section shall also 
apply to the term of imprisonment to be served in default of 
fines and forfeitures imposed by the several police magistrates 
of Baltimore City when exercising criminal jurisdiction. 

1880, ch. 211. P. L. L., (1888) Art. 4, sec. 311. 

444. When any fine or penalty is imposed by any Act of 
Assembly of this State, or by any ordinance of any incorporated 
city or town in this State, enacted in pursuance of snfticiont 
authority, for the doing of any act forbidden to be done by such 
Act of Assembly or ordinance, or for omitting to do any act 
required to be done by such Act of Assembly or ordinance, the 
doing of such act, or the omission to do such act, shall be doomed 
to bo a f-riminnl offence; such offence, in the City of l>alti- 



256 

more, shall be prosecuted by the arrest of the offender for such 
offence, and by holding him to appear in or committing him for 
trial in the Criminal Court of Baltimore, at the Saturday ses- 
sions of said court, which said court shall have jurisdiction in 
the said cases, and shall proceed to try or dispose of the same 
in the same manner as other criminal cases triable at the Satur- 
day sessions of said court may be tried or proceeded with, or dis- 
posed of, or such offence may be prosecuted by indictment in 
such court; such offences in any county of this State shall be 
prosecuted by the arrest of the offender for such offence, and by 
holding him to bail to appear in or committing him for trial in 
the Circuit Court for the county in which such offence was com- 
mitted, or by indictment in the Circuit Court for such county 
for such offence. If any person shall be adjudged guilty of any 
such oft'ence by any court having jurisdiction in the premises, 
he shall be sentenced to the fine or penalty prescribed by such 
Act of Assembly or ordinance, and to the costs of his prosecu- 
tion, and in default of payment thereof he shall be committed 
to jail until thence discharged by due course of law; any indict- 
ment for the violation of any ordinance of any incorporated 
city or towm of this State may conclude "against the form of 
the ordinance in such case made and provided, and against the 
peace, government and dignity of the State." 

McCracken v. State, 71 Md. 155. Dean v. State, 98 Md. 80. 

FIEE. 

Fire Department. 
1888, ch. 393. P. L. L., (1888) Art. 4, sees. 315, 3150. 

445. The Ma^-or and City Council of Baltimore is hereby 
directed to appropriate annually such sums of money as shall 
be sufficient to pay the pensions of such members of the Fire 
Department as shall heretofore have been put upon the pen- 
sion roll, and as shall thereafter be put upon said pension 
roll, in accordance with the provisions of this Article ; and also 
to appropriate such sums of money as may be sufficient to afford 
relief to the widows and children of firemen killed in the dis- 
charge of duty. 

MISCELLANEOUS LOCAL LAWS. 
' P. L. L., (1860) Art. 4, sec. 237. P. L. L., (1888) Art. 4, sec. 313. 

446. Any person who shall wilfully destroy or injure any 
engine, hose, reel or other apparatus whatever for the extin- 



257 

giiishment of fires, belonging to any company in the City of 
Baltimore, or to the said city, shall be guilty of felony, and 
upon conviction thereof shall be sentenced to confinement in 
the penitentiary for a period not less than two nor more than 
five years. 

P. L. L., (1860) Art. 4, sec. 238. P. L. L., (1888) Art. 4, sec. 314. 

447. Any person who shall assault, beat or otherwise in- 
tentionally hurt or injure any fireman of the City of Balti- 
more, whilst in the discharge of his duties as fireman (except 
in self-defence), shall, upon conviction thereof, be sentenced 
to imprisonment in Baltimore City Jail for a period not less 
than one month, and the payment of a fine of not less than 
ten nor more than one hundred dollars. 

Fire Gongs in Hotels. 
1906, ch. ISO, sec. 1. 

447a. Any building or buildings now used as hotels or 
apartment houses, or that shall hereafter be used as such shall 
have installed in said building or buildings large fire gongs, 
which shall be rung only in case of fire or danger of fire, 
so as to notify and warn the occupants thereof. 

1906, cli. ISO, sec. 2. 

447b. The gongs provided for in the preceding section shall 
be of such size as shall be designated by the Inspector of 
Buildings of Baltimore City, and shall be placed one at each 
stair landing and one at each end of every corridor or hall, and 
so put up, arranged and connected that each gong can be 
sounded from the main office. 

1906, ch. 180, sec. 3. 

447c. Any owner, agent, lessee or manager of any building 
or buildings used or occupied as a hotel or apartment house, 
that shall neglect or refuse to comply with the provisions of this 
Act shall be deemed guilty of a misdemeanor, and upon indict- 
ment and conviction thereof shall be fined not less than $250 
nor more than $1,000, for each offense. 

1906, ch. 180, sec. 4. 

447fl. The provisions of this Act shall not apply to build- 
ings of twelve rooms or less. 
riO) 



258 

P. L. L., (1888) Art. 4, sec. 315D. 1892, ch. 345. 1900, ch. 708. 

448. The Mayor and City Council of Baltimore is hereby 
authorized and empowered to appropriate annually the sum 
of one thousand dollars, payable to the Veteran Volunteer 
Firemen's Association of Baltimore City, for the rental of a 
suitable building for the keeping of its apparatus, holding 
meetings, paying janitor, and for fuel and other necessary ex- 
penses incident to said association. 

1910, ch. 568. 

448a. That no building or structure of any kind whatever 
shall be erected, constructed or altered, or used as a garage^ 
livery or hiring stable, or any other stable having accommoda- 
tions for over ten horses, housing of vehicles of any kind, 
storage house, houses or structures for keeping of inllammable 
goods or explosives of any kind whatever within six hundred 
feet (600) of any building or structure used as a public hos- 
pital in the City of Baltimore; nothing in this Act shall be 
construed to apply to garage, livery or hiring stables or any 
other stable in use at the time of the passage of this Act. 

Illuminating Oils and Fluids. 
1874, ch. 504. P. L. L., (1888) Art. 4, sec. 329. 

449. All oils or fluids manufactured from petroleum or 
its products, used for illuminating purposes in this State, which 
shall be manufactured or kept for sale therein, shall be re- 
quired to stand a fire test of one hundred and ten degrees 
Fahrenheit before it shall burn, to be ascertained bv Tagliabue's 
coal oil tester, or some other instrument constructed upon the 
same principle. 

1874, ch. 504. P. L. L., (1888) Art. 4, sec. 330. 

450. Every person manufacturing or selling illuminating 
oils or fluids, manufactured from petroleum or its products, 
by the barrel, shall be required to have stamped upon the head 
of the barrel the name of the manufacturer thereof and his 
place of business, together with the words "warranted to stand 
a fire test of one hundred and ten degrees Fahrenheit before 
it shall burn." 

1874, ch. 504. P. L. L., (1888) Art. 4, sec. 831. 

451. Whoever manufactures for illuminating purposes, or 
sells in quantities not less than a barrel, oils or fluids made 
from petroleum or its products, which does not sustain the 



259 

fire test as provided in section 449, shall be deemed guilty of 
a misdemeanor, and on conviction thereof, shall be fined not 
more than one thousand dollars, or imprisoned in the jail or 
penitentiary not more than two years, in the discretion of the 
court. Whoever sells in quantities less than a barrel, for il- 
luminating purposes, oils or fluids made from petroleum or its 
products, which does not sustain the fire test provided for in 
section 449, shall forfeit said oil, and be fined not less than 
five dollars nor more than twenty dollars; said fine to be col- 
lected as other fines are now collected, one-half to go to the 
informer, the other to be paid into the treasury of the State. 

1874, ch. 504. P. L. L., (1888) Art. 4, sec. 332. 

452. Any purchaser of oils or fluids made of petroleum or 
its products, for illuminating purposes, bearing the stamp 
required in section 450, and which does not stand the fire 
test required in section 449, may recover from the seller in 
an action for debt an amount equal to double the purchase 
money of said oil. 

1874, ch. 504. P. L. L., (1888) Art. 4, sec. 333. 

453. Any accident by reason of explosion, occurring with 
any oil or fluid manufactured from petroleum or its products, 
shall subject the seller thereof to prosecution for a misde- 
meanor, and upon conviction thereof in a court of competent 
jurisdiction, to a fine not exceeding one thousand dollars, nor 
less than five hundred dollars ; one-half of said fine to be paid 
to the informer and the other half to the State. 

1874, ch. 504. P. L. L., (1888) Art. 4, sec. 334. 

454. In case of seizure or confiscation of oils or fluids man- 
ufactured from petroleum or its products, as provided in sec- 
tion 451, the party who has sold such oils or fluids shall have 
the privilege of referring the same to some commissioned in- 
spector recognized by the oil trade of Baltimore, whose decisions 
shall be prima facie evidence of the quality of said oil or fluid. 

1874, ch. 504. P. L. L., (1888) Art. 4, sec. 335. 

455. If any inspector of oils shall be convicted in a court 
of competent jurisdiction of furnishing a false report of the 
fire-test of any oil submitted to his inspection, he shall be liable 
to a fine of not less than five hundred dollars nor more than 
two thousand dollars, at the discretion of the court; said fine 
to be paid into the treasury of the State. 



260 

1874, ch. 504. P. L. L., (1888) Art. 4, sec. 336. 

456. The provisions of the seven preceding sections shall 
not apply to oils or fluids manufactured from petroleum or its 
products for the purpose of exportation or for use in street 
lamps. 

FISH. 
1886, ch. 450. P. L. L., (1888) Art. 4, sec. 337. 

457. No person shall expose for sale, or have in his posses- 
sion, offering for sale, any striped bass or rock M^eighing less 
than one-half pound each, or any v^hite perch weighing less 
than one-quarter of a pound each ; any person violating any of 
the provisions of this section shall be deemed guilty of a mis- 
demeanor, and upon conviction by a court of competent juris- 
diction shall be fined not more than twenty dollars or be con- 
fined in jail not more than thirty days, or both, in the judg- 
ment of the court. 

GAS COMPANIES. 

458. 459 and 460. Kepealed by Act of 1910, Chapter 56. 

1888, ch. 322. P. L. L., (1888) Art. 4, sec. 341. 1900, ch. 180. 

461. No corporation or person shall charge for illuminating 
gas in Baltimore City a sum to exceed one dollar and ten 
cents per thousand cubic feet. 

1888, ch. 322. P. L. L., (1888) Art. 4, sec. 342. 

462. The illuminating gas furnished by any such corpora- 
tion or person shall have an illuminating power not less than 
twenty sperm candles of six to the pound, and burning at the 
rate of one hundred and twenty grains of spermaceti per hour, 
tested at a distance of not less than one mile from the place of 
manufacture by a burner consuming, five cubic feet of gas 
per hour, and shall as regards purity, comply with the standard 
now or hereafter established by law. 

1912, ch. 853. 

462a. That if and when a proposition for the -introduction of 
natural gas into the City of Baltimore and for the supply of 
the same to the consumers for a term not exceeding twenty-five 
years shall be submitted to the Board of Estimates for the 
City of Baltimore, the same shall be by it fully considered. If 
and when the said Board of Estimates shall have approved 



261 

such proposition or any modification thereof and shall have 
entered into an agreement with any corporation either upon 
the proposition submitted or otherwise, which it is hereby 
authorized to do, the agreement thus reached shall be reduced 
to writing and shall thereupon be submitted to the Public Ser- 
vice Commission of the State of Maryland for its approval as 
to the rates therein prescribed ; and as to each and all the terms, 
conditions and provisions thereof, and upon such approval by 
the said Public Service Commission, and not before the said 
agreement shall become binding upon the City of Baltimore 
and upon the corporation named in said agreement on the 
further approval of such agreement by ordinance of the City 
Council of Baltimore and the approval of such ordinance by 
the Mayor ; and the officials of the City of Baltimore are there- 
upon required to duly execute such contract with the corpora- 
tion therein named for the term of years and in accordance with 
the rates, terms and conditions therein set forth. 

1912, ch. 853. 
462b. That any such agreement may contain such provi- 
sions and conditions with respect to the rates and conditions to 
consumers for the supply of artificial gas, as shall be approved 
as above provided. 

1912, ch. 853. 
462c. That nothing contained in this Act shall limit or 
authorize any contract that may limit in any manner the 
powers of the Public Service Commission of Maryland. 

HARBOR, DOCKS A:^D WHARVES. 
HARBOR. 

p. L. T... (1860) Art. 4, sec. 267. 18S4, ch. 309. P. L. L.. (1888) Art. 

4, sec. 351. 1908, ch. 170. 

463. ISTo alteration, extension or removal of wharves, piers, 
bulkheads or pilings shall be made in the Patapsco River or 
tributaries without consent of the Harbor Board. 

Page V. Mayor, 34 Md. 558. Hazlehurst v. Mayor, 37 Md. 399. Wil- 
liams V. Baker, 41 Md. 523. B. & O. R. R. Co. v. Chase, 43 Md. 24. 
Horner v. Pleasants, 66 Md. 477. CImssoii v. Chesapeake Co., 81 Md. 
258. 

-See, Res. 185, April 22, 1876. 

P. L. L., (1860) Art. 4, sec. 268. P. L. L.. (1888) Art. 4, sec. 352. 

1908, ch. 170. 

464. If any person shall violate the provisions of the pre- 



262 

ceding section he shall be deemed guilty of a misdemeanor and 
upon conviction shall be subject to a fine not exceeding two 
hundred and fifty dollars, and the Harbor Board is hereby 
empowered to remove forthwith, at the expense of the persons 
erecting the same, the structure, obstruction or extension com- 
plained of. 

465 and 466. Repealed by Act of 1908, Chapter 170. 

Doclcs. 

p. L. L., (1860) Art. 4, sec. 193. P. L. L., (1888) Art. 4. sec. 3587" 

467. The Mayor and City Council are vested with the right 
and title to any land made or to be made by them out of the 
water in making and completing the improvements of the city 
dock, according to the plan heretofore adopted by them; pro- 
vided, that nothing contained in this section shall be con- 
strued to interfere with the vested rights of individuals. 

P. L. L., (1860) Art. 4, see. 194. 1880. ch. 418. P. L. L., (1888) Art. 4, 

sec. 359. 1908, ch. 170. 

468. !No vessel shall lie at any wharf, pier or dock, or ad- 
joining same, in such manner as to obstruct or prevent the 
free passage of any vessel to or from some other berth in 
the same or another wharf, pier or dock. The master of any 
vessel refusing to comply with the provisions of this section 
within one hour from the time notice to move his said vessel 
shall have been served upon him by the harbor master or a 
police oSicer of Baltimore City, shall be guilty of a misde- 
meanor, and shall be subject to a fine of not more than twenty 
dollars for every hour thereafter said obstruction continues. 

P. L. L., (1860) Art. 4, sees. 196, 197. 1880, ch. 418. P. L. L., (1888) 
Art. 4, sec. 360. 1908, ch. 170. 1912, ch. 32. 

469. Provided, however, that, except in regard to docks and 
wharves owned by the Mayor and City Council of Baltimore, 
nothing contained in any section or provision of this Article 
shall be constructed to impose any duty upon the Mayor and 
City Council of Baltimore to any person or corporation using 
the Patapsco River, or any branch or tributary thereof, in 
regard to the safety thereof, or to render the said Mayor and 
City Council of Baltimore liable for any loss of life or injury 
or damage to person or property, by reason of any obstruction 
in, or unsafe condition of, any part of said river or of said 
branches or tributaries, or either of them. 



263 

470 to 477, both inclusive. Kepealed by Act of 1908, Chap- 
ter 170. 

P. L. L., (1860) Art. 4, sec. 952. P. L. L., (1SS8) Art. 4, sec. 370. 

478. Any person carrying wood to Baltimore for sale may 
land the same upon the State wharves whenever permitted 
to do so by any Tobacco Inspector in the warehouse to which 
the wharf is attached; but such permission shall not interfere 
with that portion of the public wharves set apart for the use 
of boats laden with tobacco. 

P. L. L., (I860) Art. 4, sec. 953. P. L. L., (1888) Art. 4, sec. 371. 

479. The person landing wood upon the public wharves 
under the preceding section shall pay the Tobacco Inspector 
the sum of six and a quarter cents a cord, to be by the said 
inspector paid into the State Treasury, and the inspector shall 
be allowed twenty per cent, upon the money so received and 
paid into the State Treasury. 

Harbor Board. 
P. L. L., (1888) Art. 4, sec. 372. 1894, cli. 423. 

480. The Harbor Board shall have full control and manage- 
ment of the iceboat Annapolis, belonging jointly to the State 
of Maryland and the City of Baltimore, subject to the orders 
of the Governor of the State, for the use of said boat for the 
public service. 

See p. L. L., (1888) Art. 4, sees. 372 to 377, inclusive, relating to ice 
boat and harbor relief. 

P. L. L., (1888) Art. 4, sec. 373. 1894, ch. 423. 

481. The said Board is hereby authorized to appoint, in 
conformity with the provisions of section 88 of this Article, at 
such reasonable rates of pay as it may determine, and at its 
pleasure to discharge, such officers and crew as ma}' in its 
judgment be deemed necessary for the proper operation and 
maintenance of said boat at all times. 

P. L. L., (1888) Art. 4, sec. 374. 1S94, ch. 423. 

482. The said Board shall employ the said boat, primarily, 
for the purpose of preventing obstruction by ice to the naviga- 
tion of Baltimore harbor, and the ship channels loading thereto, 
and for the relief of vessels in distress, bound to or from the 
port of Baltimore. 



264 

p. L. L., (1SS8) Art. 4, sec. 375. 1894, ch. 423. 

483. The Board is further authorized to use the said boat 
(or at its discretion the ice boat Latrobe) in the relief from 
obstruction by ice of any of the harbors or channels of the 
Chesapeake Bay or its tributaries, when such service can be 
rendered without detriment to the commerce of the port of 
Baltimore, and for any other service which the said Board may 
deem advantageous to commerce and the public interest ; the 
Board may charge such reasonable rates for towage, or relief 
of vessels, as it may deem proper, having in view the public 
and private interests and facilities of commerce, and the sum 
received for same shall be applied to the expense of the boat. 

P. L. L., (1888) Art. 4, sec. 376. 1894, cli. 423. 

484. The annual expenses of maintaining and operating 
said iceboat shall be paid by the Mayor and City Council of 
Baltimore. 

P. L. L., (1888) Art. 4. sec. 377. 1894, ch. 423. 

485. The said Board shall in its annual report to the ]\layor 
and City Council of Baltimore embody statements of the opera- 
tions of, and the receipts and disbursements for the said ice- 
boat, and shall send copies of the same to the Governor nnd 
Comptroller of the Treasury of the State. 

HEALTH. 

NUISAIS^CES. 

p. L. L., (1860) Art. 4, sec. 798. P. L. L., (1888) Art. 4, sec. 379. 

1910, ch. 288. 

486. Whenever any nuisance dangerous to the health of 
the city shall exist in any street, lane or alley of the city, 
either public or private, and it shall be found necessary in 
order to remove the same to have such street, lane or alley 
paved, the said city may order the same to be paved and may 
recover the amount expended in paving the same, and the 
expenses of collection, from the owner or owners of the prop- 
erty fronting thereon, in equal portions, by suit against the 
owner. 

City can assess against abutting owner for paving private alley to 
abate nuisance. 

Owners Realty Co. v. M. & C. C, 112 Md. 477. 

P. L. L., (1860) Art. 4, sec. 799. P. L. L., (1888) Art. 4, sec. 380. 

487. The said owner mav in such action defend himself 



265 

against any such claim for expenses of paving and the collec- 
tion thereof by proof that no such nuisances existed, or that 
the paving of the said street, lane or alley was not necessary 
to the removal or abatement thereof, or that such nuisance 
was caused by an act or ordinance of said city, or its officers 
in the execution of their duty. 

I'. L. L., (1S60) Art. 4, sec. 800. P. L. L., (1888) Art. 4, sec. 381. 

488. The expenses of such paving, and the expenses inci- 
dent to the collection thereof, shall be a lien upon the property 
chargeable therewith ; and when the right of the city to recover 
the same has been determined, the city may levy such expenses 
upon said property. 

P. L. L., (1860) Art. 4, sec. 801. P. L. L., (1888) Art. 4, sec. 382. 

489. If any of the said property shall be owned by persons 
not resident within the limits of said city, then, after public 
notice given at least three times a week for three successive 
weeks in two newspapers of the city, by advertisement, de- 
scribing the property chargeable, the amount of expense with 
which it is chargeable and if known, the name of the owner 
thereof, the City may proceed to levy said expenses upon the 
interest of such non-resident in said property, without any pre- 
vious suit to determine their right to the same. 

P. L. L., (1860) Art. 4, sec. 802. P. L. L., (1888) Art. 4, sec. 383. 

490. Such non-resident may, at any time within three 
mouths after said expenses have been levied and collected, in- 
stitute an action against the city for the recovery of the same ; 
and if it shall appear in such action that public, notice was not 
given as hereinbefore directed, or that no such nuisance ex- 
isted, or that the paving of said street, lane or alley was 
not necessary to the removal or abatement thereof, or tluit the 
same was caused by an act or ordinance of the city, or by its 
officers in the execution of their duty, such non-resident shall 
recover the expenses of paving and collection so levied upon 
his property. 

P. L. L., (I860) Art. 4, sec. 803. P. 1,. L.. (1SS8) Art. 4, sec. 384. 

491. Whenever any nuisance dangerous to the hoaltli of 
the city shall be found upon any vacant lot within the city, tlie 
city may remove or abate the same, and shall have the same 
remedy against the owner of such lot, for the expenses of so 
doing, as is given in the five preceding sections against tlie 



266 

owners of lots fronting on streets paved, to remove a nuisance ; 
and the owner of such vacant lot shall have the same rights 
and remedies therein given to the owners of lots fronting on 
streets so paved. 

p. L. L., (I860) Art, 4, sec. 854. P. L. L., (1888) Art. 4, sec. 385. 

492. Wlienever the Commissioner of Health shall certify 

in writing to the Mayor tliat it is necessary for the Health of 

the City to alter the grade of any street, lane or alley on low 

or made ground the Mayor shall proceed to act in the mauner 

specified in this Article relating to streets. 

City has right to grade a street, lane or alley to abate a nuisance. 
Owners Realty Co. v. M. & C. C, 112 Md. 477. 

ATHLETIC FIELDS, ETC. 

1910, ch. 203. 

492a. That the Mayor and City Council of Baltimore City 
be and the same is hereby authorized and empowered to enter 
into agreements or contracts with the Public Athletic League, 
incorporated, for the purpose of establishing, maintaining and 
conducting gymnasia, athletic fields and recreation centers for 
the benefit of the people of Baltimore City, for such length of 
time and upon such terms as the Mayor and City Council of 
Baltimore City may deem advantageous. 

Chemical Laboratories. 
P. L. L., (1860) Ai't. 4, sec. 149. P. L. L., (1888) Art. 4, sec. 387. 

493. No person shall erect or assist in the erecting any 
chemical laboratory within the limits of said city without the 
consent of the city, and the city may provide by ordinance for 
preventing the erection of any such laboratory, and for re- 
moving or preventing the use of any that shall be erected. 

Children's Playgrounds. 

1906, ch. 201. 

493a. The Mayor and City Council of Baltimore is auth- 
orized and empowered to enter into an agreement with the 
duly constituted officers of the Children's Playground Associa- 
tion (Division Eight United Women of Maryland) for the 
maintenance of Children's Playgrounds in the City of Balti- 
more, for such length of time and upon such terms as the 
Mayor and City Council of Baltimore may deem advantageous. 



267 

1908, ch. 511. 

4931). That the Mayor and City Council of Baltimore be 
and it is hereby authorized and empowered to enter into an 
agreement with the Children's Playground Association of Bal- 
timore City, a body corporate, for the maintenance of children's 
playgrounds in the City of Baltimore, for such length of time 
and upon such terms as the Mayor and City Council of Balti- 
more may deem advantageous. 

1908, ch. 511. 

493c. That any contract or appropriation heretofore made 
or provided for by the Mayor and City Council of Baltimore in 
pursuance of the provisions of Chapter 201 of the Acts of the 
General Assembly of Maryland, session of 1906, with the duly 
constituted officers of the Children's Playground Association 
(Division Eight, United Women of Maryland) may, with the 
written consent of the said officers, be transferred to and con- 
tinued in the Children's Playground Association of Baltimore 
City, a body corporate. 

Hospitals for Infectious Diseases. 
1902, ch. 36. 
493d. 'No hospital for the treatment of infectious or con- 
tagious diseases shall be erected or maintained in the City 
of Baltimore, nor shall any money be appropriated or used by 
the Mayor and City Council of Baltimore for the erection and 
maintenance of any such hospital until the site upon which said 
hospital is to be located shall first be approved and authorized 
by an ordinance of the Mayor and City Council of said munici- 
pality, which said ordinance shall be approved by a vote in each 
branch of said City Council of not less than two-thirds of all 
the members elected thereto. 

1902, ch. 36. 

493e. The ordinance providing for the selection of any site 
shall specify fully and clearly the character of the diseases to 
be treated in the hospital to be erected thereon, and when said 
hospital is erected, no other diseases except those specified shall 
be treated therein unless authorized by an additional ordinance 
approved in the manner as set forth in section 1 of this Act. 

Sections 493d and 493e, are sections 1 and 2 of Act 1902, ch. 36. 

1902, ch. 348. 
493f. Whenever in the interest of the public health, the 



268 

• 

erection or maintenance of temporary buildings, hospitals or 
places of detention for the treatment of infectious or con- 
tagious diseases shall become necessary, such buildings, hos- 
pitals or places of detention for temporary purposes shall be 
authorized by an ordinance of the Mayor and City Council 
of Baltimore, and such ordinance shall name the diseases to be 
treated and describe the location of said building or buildings, 
hospital or hospitals, or such places of detention ; provided that 
nothing in this Act shall be construed to prevent the detention 
by the health officers of said City of Baltimore of any person 
or persons that may be suspected of being infected with or 
having an infectious or contagious disease. 

1898, ch. 362. 

493g. The Mayor and City Council of Baltimore be and 
they are authorized and empowered hereafter to appropriate, 
annually, and to give for the use and benefit of the Hospital 
for Consumptives of Maryland of Baltimore City, any sum 
or sums of money which they may deem proper; provided the 
sum shall not exceed four thousand dollars per annum for 
any one year. 

Infants in Improper Homes or Care. 
1906, ch. 334. 

493h. No midwife, institution, corporation or home not 
duly incorporated for such purpose shall receive infants or 
young children for the purpose of caring for them with a view 
to compensation without first securing a license from the Board 
of Health. 

1906, ch. 334, see. 2. 

493i. Before the granting of such a license the Board of 
Health shall require each application to be endorsed by four 
reputable citizens and as far as possible thereafter a record 
shall be kept by the Commissioner of Health containing the 
full name and address of each infant or child received, the 
date of its birth, the date of its reception, and in case of a 
change in address, the date and place of its removal. 

1906, ch. 334, see. 3. 

493j. Before issuing said license the home or institution 
of each applicant shall be visited by an agent or inspector of 
the Board of Health, and a full investigation made as to the 



269 

sanitary conditions, accommodations, the ability and fitness of 
the applicant to take charge of such infant or child, and such 
other information bearing on the subject as may be of value, 
and that the agent's report and recommendation may be a 
basis upon which the Board of Health may base its action for 
granting or rejecting the application for such license. 

1906, ch. 334, sec. 4. 

493k. Any midwife or institution, corporation or person 
which shall receive or board an infant or small child under 
three years of age with a view to compensation without first 
securing such license, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be fined $25.00 and costs 
for each and every offence, one-half of the said fine to be paid 
to the informer, and upon failure to pay the fine imposed and 
the cost of the proceedings, the person or persons so convicted 
shall be committed by the Court or Justice who imposed such 
fine, to the City Jail for a period not less than ten days, nor 
more than thirty days. 

1906, ch. 334, sec. 5. 

4931. The provisions of this Act shall in no way be regarded 
as applying to such persons or homes as may be recommended 
by the Supervisors of City Charities of Baltimore City. 

Act 1906, ch. 334, codified as sections 493h to 4931, inclusive, of the 
Charter. 

494 — 504. Sections 494 to 504, inclusive, of the Charter 
were repealed by Act 1902, Chapter 179. 

Seats for Female Employes in Stores or Factories. 
18S2, ch. 35. P. L. L., (1888) Art. 4, see. 398. 1900, ch. 589. 

505. Every employer of females in any mercantile or man- 
ufacturing establishment in the City of Baltimore nmst provide 
and maintain suitable seats for the use of such employes. A 
person is deemed not to maintain suitable seats for the use of 
female employes unless he pennits the use thereof by such 
employes to such extent as may be reasonable for the preserva- 
tion of health and proper rest ; and the question of what is thus 
reasonable is one for determination by the jury or the court 
acting as a jury in any prosecution hereunder. 

1882, ch. 35. P. L. L., (1888) Art. 4, sec. 399. 

506. Any violnti^ni of tlu' ]u-ooo(ling section by any em- 



270 

ployer shall be deemed a misdemeanor, and shall be punishable 
by a fine of one hnndred and fifty dollars, to be collected as 
other fines are collected. 

Tenement and Lodging Houses. 

1886, ch. 396. P. L. L., (1888) Art. 4, sec. 400. 

507. The Mayor and City Council of Baltimore are auth- 
orized and directed to enact ordinances regulating the con- 
struction, care, use and management of tenement houses, lodg- 
ing houses and cellars in the City of Baltimore, for the better 
protection of the lives and health of the inmates dwelling 

therein. 

State V. Hymen, 98 Md. 596. 

1886, ch. 396. P. L. L., (1888) Art. 4, sec. 401. 1900, ch. 557. 

1908, ch. 190. 

508. A tenement house shall be taken to mean and include 
every house, building or portion thereof which is rented, leased, 
let or hired out to be occupied or is occupied as the house or 
residence of three or more families, living independently of 
one another, and doing their own cooking upon the premises, 
or by more than two families upon a floor so living or cooking, 
but having a common right in the halls, stairways, yards, 
water closets or privies, or some of them; a lodging house shall 
be taken to mean and include any house or building, or portion 
thereof, in which persons are harbored, or received, or lodged 
for hire for a single night, or for less than a week at one time, 
or any part of which is let for any person to sleep in for any 
time less than a week ; a cellar shall be taken to mean and in- 
clude every basement or lower story of any building or house 
of which one-half or more of the height from the floor -to the 
ceiling is below the level of the street adjoining. 

State Board of Commissioners of Practical Plumbing. 
1886. ch. 439. P. L. L., (1888) Art. 4, sec. 402. 1894, ch. 609. 

509. It shall not be lawful for any person, firm or corpora- 
tion engaged in the plumbing business in the City of Baltimore 
to employ as workmen in said business any persons, except 
those qualified to work at the plumbing business, as provided 
in section 511 of this Article; and no person shall be qualified 
to work at the plumbing business unless he has made applica- 
tion to and received from the State Board of Commissioners 
of Practical Plumbing the certificate of competence provided 



271 

for in section 511 of this Article, and is otherwise qualified, 
as required by this sub-division of this Article. Any person 
or firm engaged in the plumbing business in the City of Balti- 
more, and the superintendent, manager, agent or other officer 
of any corporation, engaged in the plumbing business in the 
City of Baltimore, who shall employ any person to work at 
the plumbing business not qualified as required by this sub- 
division of this Article shall be guilty of a misdemeanor, and 
upon conviction thereof shall be fined not less than ten dollars 
nor more than fifty dollars for every day or part of every day 
that such employer shall employ such workman. 

Singer v. State, 72 Md. 464. Davidson v. State, 77 Md. 388. State v. 
Knowles, 90 Md. 657. 

1886, ch. 439. P. L. L., (1888) Art. 4, sec. 403. 1894, ch. 609. 

510. If any person shall w^ork at the plumbing business in 
the City of Baltimore without being qualified as required by 
this sub-division of this Article he shall be deemed guilty of a 
misdemeanor, and upon conviction thereof shall be fined not 
less than five dollars nor more than fifty for every day or part 
of every day that such workman shall work at the plumbing 
business. 

Singer v. State, 72 Md. 464. Davidson v. State, 77 Md. 388. 

1886, ch. 439. P. L. L., (1888) Art. 4, sec. 404. 

511. The Governor shall appoint biennially five persons, who 
shall constitute a Board of Commissioners, which shall be 
known and designated as "The State Board of Commissioners 
of Practical Plumbing," and who shall be selected as follows: 
Three persons who are practical and skilled plumbers from 
the City of Baltimore, the Commissioner of Health of Balti- 
more City, and a member of the State Board of Health, from 
the State at large, whose duty it shall be to faithfully and im- 
partially execute, or cause to be executed, all the provisions 
and requirements of this and the two preceding sections ; upon 
application and in such manner and at such place as they may 
determine, provided said place of examination shall be within 
the limits of the City of Baltimore, they shall examine each and 
every person who shall desire to work at the phiiiihnig business, 
touching his competency and qualifications ; and upon being 
satisfied that the person so examined is competent and quali- 
fied to work at said business, they, or any three of them, shall 
grant such person a certificate of competency, and register him 
in their books as a practical plimibcr, which shall operate as 



272 

full authority to him to conduct and engage in the said business 

of plumbing. 

Davidson v. State, 77 Md. 388. 

1886, ch. 439. P. L. L., (1888) Art. 4, sec. 405. 

512. The said Board of Commissioners shall demand and 
receive from each applicant for a certificate of competency 
whom they examine and pass the sum of three dollars at the 
time of the issuance of said certificate, and the sum of one dollar 
for the renewal thereof each and every year thereafter, on or 
before the first day of May. 

Davidson v. State, 77 Md. 388. 

1886, ch. 439. P. L. L., (1888) Art. 4, sec. 406. 

513. The money received under the provisions of the fore- 
going section shall be used and applied by said Commissioners 
to defray their expenses, and all surplus over and above their 
necessary expenses shall be returned to the State Treasurer 
for the use of the State. 

Davidson v. State, 77 Md. 388. 

1886, ch. 439. P. L. L., (1888) Art. 4, sec. 407. 1894, ch. 609. 

1904, ch. 636. 

514. Said Commissioners shall hold their several offices for 
the period of two years, commencing from the first day of May 
in the year 1886, and thereafter until their successors have been 
appointed and qualified; each Commissioner, within thirty 
days after notification of his appointment, shall take and sub- 
scribe an oath or affirmation before the Clerk of the Superior 
Court of Baltimore City to impartially and faithfully discharge 
his duties as Commissioner; every person appointed Commis- 
sioner who shall refuse or neglect to take the oath or affirma- 
tion provided for in this section, within the period named, shall 
be deemed to have refused said office, and the Governor shall 
immediately appoint some person qualified, as provided in 
section 511 of this Article, to fill the vacancy thus created; 
each of said Commissioners shall receive the sum of five dollars 
for every day that he shall be present at a meeting of said 
Board for the transaction of business, provided, however, that 
in each year he shall not receive compensation for more than 
thirty days; and provided also, that said compensation shall 
be paid out of the fees or other sums received by said Board. 

Davidson v. State, 77 Md. 388. 



273 

• 1886, ch. 439. P. L, L., (1888) Art. 4, sec. 408. 

515. The said Board of Commissioners are empowered to 
make such rules and regulations from time to time as in their 
judgment they may deem necessary and requisite; and they 
shall make a report of the condition of the Board to the Gover- 
nor biennially, on or before the first day of February, with a 
full statement of their receipts and expenditures. 

HORSESHOEING. 

1898, ch. 491. 

515a. It shall be unlawful for any person to practice horse- 
shoeing in the City of Baltimore or in the twelfth district of 
Baltimore County, unless such person has obtained a certificate 
and has been duly registered as hereinafter provided. 

Board of Examiners of Tlorseshoers. 

1898, ch. 491. 

515b. A ''Board of Examiners for Horseshoers" is created, 
which shall consist of five members, one of whom shall be doing 
business as veterinarian only, two master horseshoers and two 
journeymen horseshoers, all doing business in Baltimore City, 
whose duty it shall be to carry out the purposes and enforce 
the provisions of this Act. The members of said Board shall 
be appointed by the Governor, and the term for which they shall 
hold office shall be for four years, except that the members of 
said Board to be first appointed under this Act shall be desig- 
nated by the Governor to serve one for two years, two for three 
years and two for four years, and unless removed by the Gov- 
ernor, until their successors are duly appointed. Any vacancy 
in said Board, for any cause, shall be filled by the Governor, 

1898, ch. 491. 

515c. Said Board shall meet in the month of May next after 
the passage of this Act, and organize by the election of a presi- 
dent and secretary, and thereafter shall hold regular meetings 
in the months of May and November in every year, and such 
special meetings for the examinations of persons desiring to 
practice horseshoeing, as occasion may require ; that they shall 
pass such by-laws and prescribe such rules and regulations as 
may be necessary to carry into effect the provisions of this Act ; 
and said Board shall at its first meeting, prescribe and clearly 
define the qualifications and tests necessary to obtain a certifi- 
cate as master or journeyman horseshoer. Printed copies of 



274 

such requirements shall be furnished to all persons desiring to 
pass an examination for said certificate, and any person who 
shall, on examination be found by a majority of said Board to 
possess the said requirements so prescribed, shall be granted a 
certificate to that effect on the pa^nnent to said Board of a 
fee of two dollars ; and all proceedings of said Board shall be 
open to public inspection. 

1898, ch. 491. 

515d. Any person who has practiced as a master or journey- 
man horseshoer in the City of Baltimore or the twelfth dis- 
trict of Baltimore County, for three years prior to the passage 
of this Act, who will file an afiidavit to that effect with said 
Board, shall be entitled to a certificate without examination, on 
the payment of a fee of twenty-five cents to said Board ; or any- 
one who has a certificate from any duly constituted examining 
board of the State of Maryland, or of any other State, that he is 
a competent master or journeyman horseshoer, on filing and 
registering said certificate or a copy thereof with said Board, 
shall be entitled to a certificate from said Board without an 
examination, on payment of a fee of two dollars, but, that after 
the passage of this Act, no person who has not served an ap- 
prenticeship at horseshoeing for a period of three years shall 
be entitled to an examination for said certificate. 

1898, ch. 491. 

515e. All 'certificates issued by said Board shall be signed 
by its officers and bear its seal, and the secretary of said Board 
shall keep a book in which all certificates so issued and the 
names of the persons to whom the same shall have been issued 
shall be duly registered, and a transcript from said book of 
registration, certified by the secretary, with the seal of the 
Board, shall be evidence in any court in the State, and said 
secretary shall furnish to any one a copy of his certificate on pay- 
ment of the sum of one dollar. 

1898, ch. 491. 

515f. Any person w^ho shall violate any of the provisions 
of this Act shall be guilty of a misdemeanor, and upon the 
conviction thereof in any court having criminal jurisdiction, 
shall be fined not more than twenty-five dollars or be confined 
in the Baltimore City jail or Baltimore County jail, not more 
than one month, in the discretion of the court. All fines re- 
ceived under this Act shall be paid into the common school 



275 

fund of the City of Baltimore, or of Baltimore County, if the 
offence shall have been committed in said county. The pro- 
visions of this Act shall not interfere with the right of the 
owners of horses to have them shod at their own shops. 

HOUKS OF LABOK AND WAGES. 

p. L. L., (1888) Art. 4, sec. 31A. 1898, cli. 458. 1908, ch. 85. 1910, ch. 

94, sec. 2. 

516. That eight hours shall constitute a day's work for all 
laborers, workmen or mechanics who may be employed by or on 
behalf of the Mayor and City Council of Baltimore, except in 
cases of extraordinary emergency, which may arise in time of 
war or in cases where it may be necessary to work more than 
eight hours per calendar day for the protection of property or 
human life ; provided, that in all such cases the laborer, work- 
man or mechanic so employed and working to exceed eight hours 
per calendar day shall be paid on the basis of eight hours con- 
stituting a day's work; provided further, that the rate of per 
diem wages paid to laborers, workmen or mechanics employed 
directly by the Mayor and City Council of Baltimore shall not 
be less than two dollars per diem; provided further, that not 
less than the current rate of per diem wages in the locality 
where the work is performed shall be paid to laborers, work- 
men or mechanics employed by contractors or sub-contractors in 
the execution of any contract or contracts, in any public work 
within the City of Baltimore. 

1910, ch. 94, sec. 3. 

516a. That all contracts hereafter made by or on behalf 
of the Mayor and City Council of Baltimore with any person 
or persons or corporation, for the performance of any work with 
the City of Baltimore, shall be deemed and considered as 
made upon the basis of eight hours constituting a day's work, 
and it shall be unlawful for any such person or persons or cor- 
poration to require or permit any laborer, workman or me- 
chanic to work more than eight hours per calendar day in 
doing such work, except in the cases and upon the conditions 
provided in section 2 of this Act. 

1910, ch. 94, sec. 4. 

516b. That any officer of the Mayor and City Council of 
Baltimore, or any person acting under or for such officer, or 
any contractor or sub-contractor or other person acting for thein, 
violating any of the provisions of this Act, shall for each and 



276 

every offense be fined not less than ten dollars nor more than 
fifty dollars for each and every offense, one-half of such fine 
to go to the informer ; said fines to be collected as other fines are 
collected by lavr. 

1910, ch. 94, sec. 5. 
516c. That the provisions of this Act should not apply to 
the employees of the Fire Department, Bay View Asylum or 
the Baltimore City Jail. 

HOUSES OF KEFUGE AND REFORMATION. 

1878, ch. 267. 1880, cli. 111. 1880, ch. 323. 1890, ch. 61. 1890, ch. 392. 

P. L. L., (1888) Art. 4, sec. 410. 1902, ch. 391. 1906, ch. 

469. 1908, ch. 246. 1910, ch. 271. 1912, ch. 332. 

517. The Mayor and City Council of Baltimore may an- 
nually appropriate a sufiicient sum of money to pay for the sup- 
port and maintenance of each minor committed from the City 
of Baltimore by legal process, not exceeding $120.00 per an- 
num for each minor so committed to the following reforma- 
tories : Maryland School for Boys, St. Mary's Industrial 
School, Colored House of Reformation, House of Good Shep- 
herd for Colored Girls, Industrial Home for Colored Girls, 
and to any other reformatories to which such minors may be 
so committed; and may appropriate in conformity with the 
requirements of sections 105-107 of this Article annually, a 
sum of money not exceeding five thousand dollars ($5,000) 
to the Boys' Home Society of Baltimore City, and annually 
a sum of money not exceeding ten thousand dollars ($10,000) 
to the Female House of Refuge; and St. Vincent's Male Or- 
phan Asylum of Baltimore City any sum now due said institu- 
tion for care of destitute or other minors committed by the 
Court or other police magistrates to its care, or who may here- 
after be committed, not exceeding the sum of ten thousand dol- 
lars per year, and the said Mayor and City Council of Balti- 
more are further authorized and empowered to appropriate 
for repairs, permanent improvements and additions to the 
buildings and grounds now used or hereafter to be used by the 
Maryland School for Boys and its successors, an additional sum 
or sums of money as in their judgment shall from time to time 
be required for those purposes. 

The Female House of Refuge stands in loco parentis to the inmates 
thereof. As to rights of such inmates, see. 

Cole V. Female House of Refuge, Daily Record, December 20, 1895. 

Funds of CharitaUe Institutions: Are not liable to the payment of 
damages, being regarded as trust funds, and as such not liable in an 
action for damages. 



277 

Turner v. Baltimore Huiuaue aud Impartial Society, Daily Record, 
December 17, 1901. 

The Act 1906, ch. 146, appropriated $50,000 for the improvement of 
a tract of laud near Loch Kaveu, Baltimore County, by the erection of 
additional buildings for the House of Refuge and the equipment of 
same. The Act 1906, ch. 522, appropriated a similar sum for a like 
pui'pose to St. Mary's Industrial School. 

1908, ch. 132. 

517A. The Major and City Council of Baltimore are further 
authorized and empowered to appropriate for repairs, perma- 
nent improvements and additions to the buildings and grounds 
now used or hereafter to be used by the Female House of 
Refuge and its successor such additional sum or sums of money 
as in their judgment shall from time to time be required for 
those purposes. 

1908, ch. 499. 

517B. The Mayor and City Council of Baltimore are further 
authorized and empowered to appropriate for repairs, perma- 
nent improvements and additions to the buildings and grounds 
now used or hereafter to be used by the Saint Mary's Industrial 
School for Boys of the City of Baltimore and its successors, such 
additional sum or sums of money as in their judgment shall 
from time to time be required for those purposes. 

1910, ch. 169. 

517C. The Mayor and City Council of Baltimore are further 
authorized and empowered to appropriate for the furtherance 
and support of the prison reform and relief work of the Pris- 
oners' Aid Association of Maryland such sum or suras ot money 
not exceeding the sum of live thousand dollars per annum, as 
in their judgxaent shall from time to time be required for those 
purposes. 

1914, ch. 520. 

517C. The Mayor and City Council of Baltimore are 
further authorized and empowered to appropriate for repairs, 
permanent improvements and additions to the buildings and 
grounds now used or hereafter to be used by the IsTational Junior 
Republic, and its successors, such additional sum or sums of 
money as in their judgment shall from time to time be re(iuircd 
for those purposes; and the Mayor and City Council of Balti- 
more are further authorized and empowered to pay to tlie iVa- 
tional Junior Republic the sum of $500, carried forward on the 
books of the Comptroller of Baltimore City to the credit of tlio 
National Junior Republic from the appropriation in the Ordi- 



278 

nance of Estimates for the .year 1912 and a like sum of $500, 
carried forward on the books of the Comptroller of Baltimore 
City from the appropriation to the N^ational Junior Republic 
in the Ordinance of Estimates for the year 1913, making a 
total of $1,000, the said $1,000 being carried forward to be paid 
to the National Junior Republic for repairs, permanent im- 
provements and additions to its buildings and grounds, subject 
to ratification by the General Assembly of Maryland. 

190S, ch. 458. 
517d. That the Mayor and City Council of Baltimore City 
are hereby authorized and empowered to appropriate annually 
towards the current expenses of "The Home for Fallen Women 
of Baltimore City," any sum or sums of money, not exceeding 
fifteen hundred dollars per annum, 

1908, ch. 474. 
517e. That the Mayor and City Council of Baltimore City 
are hereby authorized and empowered to appropriate annually 
towards the current expenses of "The Florence Crittenden 
Mission of Baltimore City" any sum or sums of money not 
exceeding fifteen hundred dollars per annum. 

1912, ch. 356. 
517f. That all legacies now existing or hereafter given by 
persons dying, after the date of this act, and all appropriations 
made or hereafter to be made by the General Assembly of Mary- 
land, or by the Mayor and City Council of Baltimore, and 
intended for The Exeter Street Rescue Home for Women, but 
given or made by its former name of The Home for Fallen 
Women of Baltimore City instead of its present name, shall 
remain and inure to the benefit of The Exeter Street Rescue 
Home for Women. 

1878, ch. 442. P. L. L., (1888) Art. 4, sec. 411. 

518. The Judge of the Criminal Court of Baltimore, the 
President of the Board of Police Commissioners, and the 
Marshal of the Police of the City of Baltimore, shall, at such 
times as they may think proper, visit and inspect the House 
of Good Shepherd. 

IMMIGRANTS. 

1832, ch. 203. 1833, ch. 177. 1834, ch. 34. 1841, ch. 174. 1839, ch. 46. 
P. L. L., (1860) Art. 4, sec. 250. P. L. L., (1888) Art. 4, sec. 412. 

519. The master or commander of any vessel arriving from 
a foreign country or from any other of the United States, who 



I I 



279 

shall enter said vessel at the custom house in the City of Balti- 
more, shall within twenty-four hours after such entry, make a 
report in writing on oath to the Mayor of said city, of the 
name, age and occupation of every alien who shall have been 
brought or carried as passenger in such vessel on that voyage, 
upon pain of forfeiture, for every neglect or omission to make 
such report, of the sum of twenty dollars for every such passen- 
ger neglected or omitted to be so reported. 
See note, Baltimore City Code (1879), page 471. 

P. L. L., (18G0) Art. 4, sec. 251. P. L. L., (1888) Art. 4, sec. 413. 

520. The Mayor, or other person discharging the duties of 
his office, shall require the owner or consignee of every vessel 
arriving from a foreign country, or from any other of the United 
States, which shall be entered in said custom-house, upon pain 
of forfeiture to the Mayor and City Council of Baltimore, of 
twenty dollars for every neglect or omission to give a several 
bond to the State of Maryland in the penalty of three hundred 
dollars, for each passenger included in the report of the master 
or commander of such vessel directed to be made by the pre- 
ceding section, and conditioned to indemnify and save harm- 
less each and every city, town and county in this State, from any 
cost which such city, town or county shall incur, for the relief or 
support of the person named in the bond, within five years from 
the date of the bond, and also to indemnify and refund any 
charge or expense such city, town or county may necessarily 
incur for the support or medical care of the person named 
therein, if received into the almshouse or hospital or any other 
institution under their care. 

P. L. L., (I860) Art. 4, sec. 252. P. L. L., (1888) Art. 4, sec. 414. 

521. Every such bond shall be signed by two or more suffi- 
cient .securities, residents of the State of Maryland, each of 
whom shall prove, by oath or otherwise, that he is owner of a 
freehold in said State of the value of three hundred dollars 
over and above all claims or liens thereon or against him, in- 
cluding any contingent claim which may accrue from or upon 
any former bond given under the provisions of this sub-division 
of this Article. 

p. L. L., (1860) Art. 4, sec. 258. P. L. L., (IRSS) Art. 4, sec. 415. 

522. If the principal in said bond choose, instead of tlie 
sc(;ui-ity required in the preceding sections, ho may secure said 
b(jnd by mortgage of real estate, or by the pledge and transfer of 



280 

public stock of the United States, or of the State of Maryland, 
or of the City of Baltimore, or by deposit of the amount of the 
penalty in some bank, subject to the order of the Mayor of the 
city. 

P. L. L., (I860) Art. 4, sec. 254. P. L. L., (1888) Art. 4, sec. 416. 

523. Any security, whether real or personal, offered by such 
owner or consignee, shall first be approved by the Mayor of 
the city. 

P. L. L., (1860) Art. 4, sec. 255. P. L. L., (1888) Art. 4, sec. 417. 

524. The owner or consignee of any vessel may at any 
time within three days after the landing of such passengers, 
commute for the bond hereinbefore required, by paying to the 
City Register the sum of one dollar and fifty cents for each 
and every passenger reported as hereinbefore required by this 
sub-division of this Article, and the receipt of such sum by the 
City Register shall be deemed a full and sufficient discharge 
from the requirement of giving such bond. 

P. L. L., (1860) Art. 4, sec. 256. P. L. L., (1888) Art. 4, sec. 418. 

525. If any alien passenger in such vessel shall be suffered 
to land therefrom at any place within the distance of fifty miles 
from said city, with the intent to proceed thereto otherwise 
than in said vessel, the master or commander thereof shall for- 
feit and pay for every such person the sum of one hundred dol- 
lars, unless within forty-eight hours after the entry of the vessel, 
the owner or consignee shall give bonds or pay the commutation 
money aforesaid. 

P. L. L., (1860) Art. 4, sec. 257. P. L. L., (1888) Art. 4, sec. 419. 

526. All or any of the said penalties and forfeitures, as well 
as the said commutation money, may be sued for in the name 
of the Mayor and City Council of Baltimore, before any Justice 
of the Peace, in the same manner and subject to the same rules 
and process, and the right of appeal as provided in cases of 
small debts. 

P. L. L., (1860) Art. 4, sec. 258. P. L. L., (1888) Art. 4, sec. 420. 

527. ' The Mayor may compound for or remit the said penal- 
ties and forfeitures, and payments and recoveries, or any of 
them, either before or after suing for the same, upon such 
terms as the circumstances of the case may in his judgment 
require. 



281 

P. L. L., (1860) Art. 4, sec. 259. P. L. L., (1888) Art. 4, sec. 421. 

528. The Mayor and Register shall pay over to the Super- 
visors of City Charities, semi-annually, three-fifths of all sums 
of money arising from commutation by owners or consignees 
of vessels as aforesaid, which shall be appropriated by said trus- 
tees to the use of the City of Baltimore, for the purpose of 
supporting the foreign paupers of the said city, and the re- 
maining two-fifths shall be paid to the Hibernian Society of 
Baltimore, and the German Society of Maryland, in the pro- 
portions mentioned in the next succeeding section. 

P. L. L., (1860) Art. 4, sec. 260. P. L. L., (1888) Art. 4, sec. 422. 

529. All money received by the Mayor or Register for penal- 
ties and forfeitures imposed by this sub-division of this Article 
shall be distributed and paid by the Mayor and City Council 
as follows : two-fifths thereof to the German Society of Mary- 
land, and the Hibernian Society of Baltimore to be divided 
between them as follows: to the German Society in propor- 
tion to the amount received from and on account of German 
and Swiss passengers, and to the Hibernian Society in propor- 
tion to the amount received from and on account of Irish pas- 
sengers ; and the remaining three-fifths to the Supervisors of 
City Charities. 

P. L. L., (1860) Art. 4, sec. 261. P. L. L., (1888) Art. 4, sec. 423. 

530. The City Register shall be entitled to two per centum 
upon the amount of money collected under this sub-division 
of this Article. 

P. L. L., (1860) Art. 4, sec. 262. P. L. L., (1888) Art. 4, sec. 424. 

531. Nothing contained in the twelve next preceding sections 
shall be deemed to extend to any ambassadors, ministers, consuls 
or agents of foreign governments arriving as passengers in the 
port of Baltimore. 

INSPECTIONS, WEIGHTS AND MEASURES. 

Barrels. 

1890, ch. .",32, sec. 1. P. G. L., (1904) Art. 97, sec. 27. 1906, cli. 331. 

532. The standard barrel for the measurement of all green 
peas or beans in the hull, which are sold by the bushel, shall be 
of the following dimensions, namely: diameter of said barrel 
at the top shall be eighteen and three-fourths inches inside the 
staves; the diameter at the bottom inside the staves sliall be six- 
teen and oiio-fonrtli inclics; and the deptli of said barrel shall 



282 

be twenty-six inches inside; and to contain in all six thousand 
two hundred and fifty-three and three-fourths cubic inches, meas- 
urement by said barrel to be struck measure. 

1890, ch. 332, sec. 2. 1892, ch. 486. P. G. L., (1904) Art. 97, sec. 27. 

1906, ch. 331. 

533. The dimensions of any barrel so used shall be stamped 
by the inspector of weights and dry measures of the City of 
Baltimore upon the same, in three conspicuous places, and any 
person using a barrel for the measurement of peas, beans and 
like farm products when sold by the bushel, without being so 
stamped, shall be fined not less than one hundred dollars, or 
more than five hundred dollars ; said fine to be collected as other 
fines are now collected. 

Note provisions of Act, 1906, ch. 331. 

1892, ch. 486. 

534. It shall be the duty of said Inspector of Weights and 
Measures and any measurer of the City of Baltimore, from time 
to time to inspect the barrels used for the measurement of said 
peas, beans and other farm products, and to see that the pro- 
visions of this sub-division of this Article are complied with ; 
and upon the conviction of any person or corporation under the 
provisions of this sub-division of this Article, one-half of the 
fine imposed shall be paid to said Inspector of Weights and 
Measures of the City of Baltimore. 

COAL. 

1880, ch. 382. P. L. L., (1888) Art. 4, sec. 428. 1912, ch. 838. 

535. Every person, firm or corporation dealing in or selling 
mineral coal or coke within the City of Baltimore, and every 
person, firm or corporation owning, occupying, leasing or main- 
taining yards or wharves used for the sale, storage or handling of 
coal or coke in said city, shall maintain scales of suitable 
capacity within or adjacent to said yards or wharves. Any 
violation of the provisions of this section shall be a misdemeanor 
and shall be punishable by a fine of not more than $10.00 for 
each and every day that said violation shall continue. 

1880, ch. 382. P. L. L., (1888) Art. 4, sec. 429. 1912, ch. 838. 

536. Every person, firm or corporation dealing in or selling 
mineral coal or coke within the City of Baltimore shall cause all 
coal or coke so sold to be weighed upon the scales maintained in 
accordance with the provisions of the preceding section. Any 



283 

violation of the provisions of this section shall be a misdemeanor 
and shall be punishable by a fine not exceeding $25.00 for each 
and every cart, wagon or other load of said coal or coke sold 
without such weighing. 

ISSO, ch. 382. p. L. L., (1888) Art. 4, sec. 430. 1912, ch. 838. 

537. It shall be the duty of any police officer of Baltimore 
City on demand of the purchaser made prior to the unloading 
of the cart, wagon or other vehicle in which coal or coke is de- 
livered to said purchaser, or whenever such police officer has 
reason to believe that any cart, wagon or other vehicle containing 
coal or coke contains a less weight than that stated upon the 
card or ticket hereinafter in the next succeeding section pro- 
vided for, to take such cart, wagon or other vehicle to the 
nearest or most convenient State, city or available private scale 
and have it weighed ; and it shall be the duty of the party so 
weighing to give a written certificate of the weight. No addi- 
tional charge shall be made for hauling coal or coke to any scales 
to be weighed. Any violation of the provisions of this section 
and any refusal of any driver or owner of any cart, wagon or 
other vehicle to take such cart or other vehicle to such scales to 
be weighed as aforesaid, and any delivery or attempt to deliver 
a weight of coal or coke less than that indicated upon the face of 
the card or ticket hereinafter in the next succeeding section 
provided for shall be a misdemeanor, and shall be punishable by 
a fine not exceeding the sum of $50.00 for each and every 
offense; provided, however, that in all weighings made under 
the provisions of this section, three per centum of the net weight 
shall be allowed for variation of scales, and provided further 
that whenever such weighing is made upon a private scale, and 
said load is found to be under weight, the seller of such coal or 
coke shall be notified before said load is dumped, and shall have 
the right to demand that said coal or coke shall be reweighed 
upon a State or city scale. 

1880, ch. 382. P. L. L., (1888) Art. 4, sec. 431. 1900, ch. 524. 

1912, ch. 838. 

538. It shall be the duty of every seller of coal or coke to 
send with each and every load of coal or coke sold by him a card 
or ticket which shall indicate on its face in plain characters the 
seller's name, the date, the weight of coal or coke contained in 
the cart, wagon or other vehicle in which it is beiug transported, 
and any violation of the provisions of this section on the part of 
any seller of coal or coke shall be a misdemeanor and punishable 
by a fine of not more than $10,00 for each and every offense. 



284 

1880, ch. 382. 1912, ch. 838. 

539. A compensation of twenty-five cents shall be paid per 
ton to the parties weighing the coal or coke under the foregoing 
sections, said sum for weighing to he paid by the seller if the 
coal or coke is deficient in weight, otherwise to be paid by the 
purchaser ; if said coal is ordered weighed by a policeman, and 
there be found no deficiency, the cost of weighing shall be paid 
by the Comptroller of Baltimore City. 

1900, ch. 650. 1912, ch. 838. 

539A. The Board of Police Commissioners shall from time 
to time detail police ofiicers for such time and in such number, 
not exceeding one for each of the eight districts of the City of 
Baltimore, as the marshal of police shall deem necessary. Such 
policemen shall be charged with the duty of enforcing the pro- 
visions of this sub-division for the benefit of the public, and 
specially watching the delivery of mineral coal or coke by carts, 
wagons or other vehicles, and shall be empowered with authority 
to weigh any cart, wagon or other vehicle loaded with coal or 
coke at any time he may elect to do so. 

1880, ch. 382. P. L. L., (1888) Art. 4, see. 433. 1912, ch. 838. 

540. The provisions of this sub-division of this Article shall 
not apply to the sale of coal or coke by the single bushel, half- 
bushel or peck, nor to sales of coal or coke by manifest weight 
in car or cargo lots. All penalties provided for in this sub- 
division of this Article when recovered shall be paid to the 
Comptroller of Baltimore City. 

GAS METEKS. 

1876, ch. 356. P. L. L., (1888) Art. 4, sec. 434. 

541. It shall be the duty of every gas company manufactur- 
ing, furnishing and selling gas in the City of Baltimore, to place 
upon the premises of every consumer using gas, a correct appa- 
ratus or meter for registering the consumption of the same, and 
it shall be the duty of the company to see that said apparatus or 
meter is kept in proper working order and condition. 

Blondell v. Consold. Gas Co., 89 Md. 744. 

1876, ch. 356. P. L. L., (1888) Art. 4, sec. 435. 

542. It shall not be lawful for said company, under any 
circumstances, to charge or collect for any greater amount of gas 
than is registered by said apparatus or meter. 



285 

1876, ch. 356. P. L. L., (1SS8) Art. 4, sec. 4.36. 

543. Any consumer may, at any time, cause said apparatus 
or meter to be tested by tlie Superintendent of Lamps and Light- 
ing or one of his assistants, who shall make said test in the 
presence of the consumer and of an agent of the gas company, 
by which the gas may be supplied, if desired, and shall furnish 
to the consimier a certificate under oath of the true condition and 
working of said apparatus or meter; and if it shall be found, 
upon any such test, that said apparatus or meter is registering 
gas in favor of said company, then, in the absence of any fraud 
upon the part of the consumer, the said company shall refund to 
the consumer an amount in lawful money equal to the percentage 
that the said apparatus or meter has been registering too fast, 
upon the bills of said consumer, registered by said apparatus or 
meter, for the four months next preceding the said test, unless 
the said company can prove that such inspection and certificate 
do not show the correct result ; and in case such refunding does 
take place, the said company shall also pay the expenses incurred 
in making said test. 

GAUGEKS OF CASKS AISTD LIQUOKS. 

1872, ch. 264, sec. 1. P. L. L., (1888) Art. 4, sec. 437. 

544. Any citizen of the State of Maryland, on application to 
the Clerk of the Court of Common Pleas in the City of Balti- 
more, and on paying one hundred dollars to the said clerk, shall 
be entitled to receive a license to act as ganger of casks and 
liquors, for the term of one year from the date thereof. The 
person applying for said license shall, at the time of receiving 
the same, take and subscribe before said clerk, an oath that he 
will honestly and faithfully discharge the duties of said office. 

1872, ch. 264, sec. 2. P. L. L., (1888) Art. 4, sec. 438. 

545. No person engaged in vending or trading in or manu- 
facturing casks or liquors individually, or as a partner, or as 
agent, clerk or employee of a trader, vender or manufacturer of 
said articles, or either of them, or any commissioned officer, shall 
be licensed to act as ganger of casks and liquids. 

1872, ch. 264, sec. 3. P. L. L., (1S8S) Art. 4, sec. 439. 

546. Any person may sell, export or otherwise dispose of any 
foreign or domestic liquors in casks, without having the same 
gauged by a licensed gauger, but in cases of difference between 
the buyer and scllor iis to the quantity, either party may call in a 
gauger, and his judgment shall bind the parties. 



286 

1872, ch. 264, sec. 4. P. L. L., (1888) Art. 4, sec. 440. 

547. The gangers shall procure and use a correct set of 
gauging instruments, and as soon as they have ascertained the 
capacity of any cask they shall distinctly mark with marking 
irons the capacity on the bilge near the bung, and prefix the 
letter M., for the State of Maryland, and the first letter of the 
surname of the ganger who does the gauging; and any cask 
containing such liquor, to be merchantable, must be round at 
the bilge and heads, the staves thereof to be seasoned white oak, 
free from any injurious portion of sap-wood, and not less than 
half an inch thick at the thinest part, and not more than 
three-quarters of an inch at the thickest part, and to be tight and 
secured with a sufiicient number of good hoops ; if of iron, six ; 
and if of wood, not less than twelve ; and at least not less than 
twelve on all double barrels and hogsheads ; and if any cask con- 
taining such liquor shall be found deficient in any of these 
respects by said ganger, he shall direct it to be coopered, or other 
casks substituted therefor, at the expense of the owner or seller ; 
and if any such cask shall be fraudulently made, the owner or 
seller thereof, or his agent, shall forfeit the cask to the use of 
the State. 

1872, ch. 264, sec. 5. P. L. L., (1888) Art. 4, sec. 441. 

548. The said gangers, in order to ascertain the capacity of 
casks, shall conform to the Baltimore standard of wine measure ; 
and if any cask or vessel gauged or marked by said ganger shall 
in its capacity be found lacking or exceeding one or more gallons 
in a cask of a larger size, the gauger shall forfeit and pay two 
dollars for each gallon so lacking or exceeding the number of 
gallons marked by him on the cask. 

1872, eh. 264, sec. 6. P. L. L., (1888) Art. 4, sec. 442. 

549. If any person shall alter any mark, or number marked 
or set down by any gauger, thereby to deceive and defraud the 
purchaser of distilled spirits, wine, molasses or other liquid 
merchandise so gauged and marked, or shall put any false mark 
or number on said cask, or upon any certificate intended to coun- 
terfeit the mark or number of the gauger, he shall forfeit and 
pay twenty dollars for every offence, one-half to the informer 
and the other half to the use of the State. 

1872, ch. 264, sec. 7. P. L. L., (1888) Art. 4, sec. 443. 

550. Every gauger so licensed shall be entitled to demand 
and receive from the person at whose request he shall gauge any 



287 

cask, the following fees, to wit : For gauging casks not exceeding 
forty gallons, ten cents per cask ; for casks of larger size, fifteen 
cents. 

1872, ch. 264, sec. 8. P. L. L., (1888) Art. 4, sec. 444. 

551. Any person not being properly licensed, who shall act 
as ganger, or being so licensed shall act as said ganger outside 
the limits of the said city, shall forfeit and pay to the Sheriff of 
the city the sum of three hundred dollars ; said penalty to be 
imposed as a fine by the Criminal Court, on presentment and 
indictment by the Grand Jury and conviction in due course of 
law, and one-third of the penalty shall be paid by the Sheriff to 
the informer, and the residue shall be accounted for by the 
Sheriff to the treasury as other fines ; if any person so licensed 
shall be guilty of a fraud by reason of collusion with any parties, 
he shall be deemed guilty of misdemeanor, and shall, on present- 
ment and indictment therefor, and conviction thereof, forfeit 
and pay a fine of not less than five hundred dollars or more than 
one thousand dollars for every such offence, or be imprisoned, in 
the discretion of the court, for a time not exceeding three years, 
or both, and shall also be liable in damages at the suit of the 
party aggrieved. 

HAY AN^D STKAW. 

p. L. L., (1860) Art. 4, sec. 410. 1864, ch. 339. 1867, ch. 381. 
P. L. L., (1888) Art. 4, sec. 470. 

552. The Governor, by and with the advice and consent of 
the Senate, shall biennially appoint four inspectors of hay and 
straw for the City of Baltimore. 

P. L. L., (1860) Art. 4, sec. 411. P. L. L., (1888) Art. 4, sec. 471. 

553. Each of said inspectors shall give bond to the State of 
Maryland, in the sum of two thousand dollars, for the true and 
faithful performance of the duties of his office. 

P. L. L., (1860) Art. 4, sec. 412. 1861, ch. 35. 1867, ch. 381. 
P. L. L., (1888) Art. 4, sec. 472. 1896, ch. 375. 

554. All hay and straw brought to the City of Baltimore 
may be weighed at the State hay scales as now established by 
law, by one of the inspectors, at the rate of one hundred pounds 
to the hundredweight, making a reasonable allowance for the 
moisture thereof, as well as the mud or other substance attached 
to the wagon, cart or sled containing the same. 



288 

P. L. L., (1860) Art. 4, sec. 415. P. L. L., (18SS) Art. 4, sec. 474. 

1896, ch. 375. 

555. The inspector shall give a certificate of every load of 
hay or straw weighed by him, stating the gross and net weight 
of such straw or hay, and wagon, cart or sled. 

P. L. L., (1860) Art. 4, sec. 413. 1882, ch. 130. 
P. L. L., (1888) Art. 4, sec. 473. 

556. The said inspector shall be entitled to demand and re- 
ceive for each and every load of hay and straw inspected by him, 
of whatever weight, one cent per hundredweight ; and for weigh- 
ing hemps, cable, anchors, dye-woods, barks, etc., two cents per 
hundred pounds; and for inspecting and weighing corn in the 
ear and corn husks, one cent per hundred pounds. 

P. L. L., (1860) Art. 4, sec. 416. P. L. L., (1888) Art. 4, sec. 475. 
1894, ch. 105. 1896, ch. 375. 

557. If any person bringing hay or straw to said city shall 
neglect to have the same weighed by the said inspector, or shall 
be detected in having stones, rubbish, wood or anything else con- 
cealed in his load, or shall in any manner change the condition 
of his cart, wagon, carriage or sled, with fraudulent intention, 
he shall forfeit and pay for each and every such offense the sum 
of five dollars; provided, however, any person bringing hay or 
straw to market, who shall sell and deliver the same for con- 
sumption west of Gwynn's Falls, shall not be subject to the pen- 
alty herein recited as to not having said load of hay or straw 
weighed by the weighmaster at the western hay scales, provided 
he shall tender to the weigher of hay and straw, at the western 
hay scales, on the day of delivery of said hay or straw, such fee 
as is prescribed by law, said fee to be ascertained by the certifi- 
cate of the person weighing said hay or straw ; and when said 
certificate of private weigher is presented to the weighmaster of 
hay and straw at the western hay scales, the said weighmaster 
shall retain the certificate of the private weigher, and issue to 
the person presenting the certificate from the private weigher, 
a certificate from the book of the weighmaster at the western hay 
scales corresponding with the certificate of the private weigher, 
for which the weighmaster at the western hay scale shall collect 
the fee prescribed by law ; any seller of hay or straw failing to 
comply with the provisions of this section or failing to present 
the certificate of the private weigher to the weighmaster at the 

"western hay scales, shall be subject to a fine of five dollars for 
each and everv such offence. 



289 

1894, ch. 105. 

558. Any private weigher, who shall under a false certificate, 
and any seller of hay or straw who shall present a false certifi- 
cate to the weigher of hay and straw at the western hay scales, 
shall be subject to a fine of five dollars and costs for each and 
every such offence. 

P. L. L., (1860) Art. 4, sec. 417. P. L. L.. (1888) Art. 4, sec. 476. 

559. If any person, after having his hay or straw weighed, 
and having obtained the inspector's certificate, specifying the 
quantity thereof, shall dispose of any part thereof, or in any 
manner diminish the same in quantity, thereby to defraud or 
deceive the purchaser thereof, he shall forfeit and pay for 
every such offence the sum of twenty dollars. 

P. L. L., (1860) Art. 4, sec. 418. P. L. L., (1888) Art. 4, sec. 477. 

560. The said inspectors may re-weigh carts, wagons, car- 
riages or sleds, as often as they may deem expedient ; and if at 
any time either of them shall be required to do so by a pur- 
chaser of hay or straw, and it shall be found that his report of 
the weight of the cart, wagon, carriage or sled is correct, the 
person requiring the same shall pay twenty cents to said in- 
spector ; in other cases the reweighing shall be free of charge. 

P. L. L., (1860) Art. 4, sec. 419. P. L. L., (1888) Art. 4. see. 478. 

561. The said inspector shall, at all times when required, 
weigh hemps, cables, anchors, dye-woods, barks, roots, etc. 

1864, ch. 384. P. L. L., (1888) Art. 4, sec. 479. 

562. In addition to the charge hereinbefore authorized for 
the use of the State hay scales, the inspector shall be entitled to 
demand and receive fifteen cents for each and every load of hay 
or straw which shall remain half an hour on the premises after 
the weighing thereof, but shall be removed before night, and 
thirty cents for each and every load which shall be left on the 
premises until the next morning. 

P. L. L., (1860) Art. 4, sec. 421. P. L. L., (1888) Art. 4, sec. 480. 

563. The weighing apparatus shall be adjusted at least once 
in six months by the standard of weights for the City of Balti- 
more, the expenses of which, together with all the expense for 
repairs, shall be paid by the inspectors. 

1864, ch. 384. P. L. L., (1888) Art. 4, sec. 481. 

564. The inspectors shall severally accovmt for, under oath, 
and pay over to the Treasurer, quarterly, all moneys received 

(11) 



290 

by them as inspectors, after retaining for their services three- 
fourths of all moneys received under sections 556 and 560, and 
one-fifth of all moneys received imder section 562 of tliis 
Article. 

1867, cb. 241. p. L. L., (1888) Art, 4, sec. 482. 

565. It shall be the duty of the inspector of hay and straw- 
having charge of the eastern hay scales at Canton, in the City of 
Baltimore, to weigh all cattle and hogs required by law to be 
weighed, which may be brought to said scales for that purpose ; 
and the said inspector shall be entitled to demand and receive for 
the use of the State, for the first time of weighing any live- 
stock, except sheep, required by law to be weighed, two cents for 
every hundredweight, and one cent per head for every sheep; 
and for every second and subsequent weighing, for cattle and 
hogs, two cents for every thousand weight, and sheep, one cent 
for every thousand weight, and all live-stock not required to be 
weighed, the sum of six cents for every thousand weight. 

1867, ch. 241. P. L. L., (1888) Art. 4, sec. 483. 

566. He shall keep a full record of all weights as ascertained 
and determined by him, of what, and for whom the same may be 
ascertained and determined, and all money received by him for 
weighing live-stock, and all expenditures and disbursements, in 
books to be provided for him for that purpose, which books shall 
belong to the State, and shall at all times be subject to the 
inspection and order of the Comptroller; and he shall, at the 
expiration of every six months, or within five days thereafter, 
upon his oath, taken before a Justice of the Peace for said city, 
make a full statement of all receipts for weighing all live-stock 
weighed by him for the six months immediately preceding said 
statement, and from whom received, and all disbursements by 
him made to the Comptroller ; and if the balance in the hands of 
said inspector for weighing live-stock for said six months shall 
exceed the sum of two hundred dollars, he shall pay the excess 
into the Treasury ; but if there be no excess over and above two 
hundred dollars, after deducting all necessary expenses for 
receipts for weighing live-stock, the said inspector shall retain 
the balance as compensation for his services for weighing such 
live-stock. 

1867, ch. 241. P. L. L., (1888) Art. 4, sec. 484. 

567. Upon failure and refusal of any agent or owner of live- 
stock to pay for weighing the same he may impound any number 
of live-stock he may deem necessary to cause such fees to be 
paid ; -provided, no injury be done to said stock by confining them 



291 

as aforesaid, and that they be delivered to the owner or agent 
upon payment of all jnst and proper charges. 

1S67, ch. 241. P. L. L., (1888) Art. 4, sec. 485. 

568. If the inspector shall neglect or delay to weigh or cause 
to be weighed any live-stock brought to said scales for the pur- 
■pose of being weighed, for a time not exceeding twenty-four 
hours after he shall have been requested to w^eigh the same, he 
shall forfeit and pay to the owner of such live-stock or his agent 
the sum of ten cents an hour upon each and every head thereof 
for so many hours as he shall omit or neglect to weigh the same, 
over and above the term of twenty-four hours, Sunday excepted, 
to be recovered in an action of debt before a Justice of the 
Peace, with costs. 

1870, ch. 256. P. L. L., (1888) Art. 4, sec. 486. 

569. The said inspector of hay and straw shall execute a 
bond to the State in addition to the bond now provided by law 
to be given by said inspector, to be approved by the Comptroller, 
in the penal sum of one thousand dollars, conditioned for the 
full performance of all acts and things required by him as 
weigher of live-stock at said scales, and to pay all damages that 
may be sustained by reason of wilful omission, refusal or neglect 
to discharge said duties ; which bond shall be filed with the State 
Comptroller; but said inspector or weigher of hay and straw 
shall be chargeable with the payment of a tax of ten dollars, 
and no more, for his commission. 

P. L. L., (I860) Art. 4, sec. 423. P. L. L., (1888) Art. 4, sec. 487. 

570. All fines and forfeitures imposed under sections 55 Y to 
559 may be recovered with costs in the name of the State, before 
a Justice of the Peace in the manner that small debts are re- 
covered ; one-half to the informer and the other half to the use of 
the State. 

MANURE. 

P. L. L., (1860) Art. 4, sec, 489. P. L. L., (1.888) Art. 4, sec. 507. 

571. A cart load of manure shall contain forty cubic feet. 

STEAM BOILERS. 

1872, ch. 153. P. L. L., (1888) Art. 4, sec. 509. 

572. The Governor shall biennially appoint two suitable per- 
sons who are well skilled in the construction and use of steam 
engines and boilers, and in application of steam thereto, whose 



292 

duty it shall be to inspect steam boilers in the City of Baltimore, 
as hereinafter specified and directed; said inspectors before 
entering on their duties, shall make oath before a Justice of the 
Peace, that they will faithfully perform the duties of their 
office without fear, partiality or favor; that they are not, and 
will not during their term of office, be connected with, or inter- 
ested in the manufacture of steam boilers, engines or machinery 
applicable thereto, and that they will not during their term of 
office, accept any money, gift, gratuity or consideration from 
any person, and shall give bond, to be approved by the State 
Comptroller, in the sum of five thousand dollars each, for the 
faithful discharge of their duties, 

1S72, ch. 153. P. L. L., (1888) Art. 4, sec. 510. 

573. The City of Baltimore is divided into two districts, 
which shall be known as the first and second steam boiler inspec- 
tion districts ; the first district shall embrace what is now known 
as the Eastern, Northeastern and Southern Police Districts ; the 
second shall embrace what is now known as the Central, West- 
ern, N^orthwestern and Southwestern Police Districts of said 
city ; and the Governor in appointing the inspectors shall assign 
each to his respective district. 

1872, ch. 153. P. L. L., (1888) Art. 4, sec. 511. 

574. The inspectors, before entering on the discharge of 
their duties, shall provide themselves with an office in a central 
part of said city, also with the necessary apparatus and ap- 
pliances for the testing of steam boilers; and they shall give 
notice for three successive days, through the two daily papers 
having the largest circulation in said city, of the time and 
manner in which they shall receive the reports of the locations 
of steam boilers. 

1872, ch. 153. P. L. L., (1888) Art. 4, sec. 512. 

575. Every owner or renter using a steam boiler in said city, 
shall, within ten days after the publication of the aforesaid 
notice, report to the inspector of the district the location of such 
boiler, under a penalty of fifty dollars for each day a boiler is 
used and neglected to be reported. 

1872, ch. 153. P. L. L., (1888) Art. 4, sec. 513. 

576. The inspector of each district shall give six days' notice 
in writing to each owner or renter of a steam boiler, or the engi- 
neer or person in charge, of the time when he will inspect such 
boiler ; and such owner or renter shall have such boiler ready for 



293 

inspection, in compliance with the requirements of said notice, 
and shall furnish such assistance as the inspector may require, 
under a penalty of fifty dollars for such failure or neglect, and 
a further penalty of fifty dollars for each day any such boiler is 
used without a certificate of inspection. 

1S72, ch. 153. P. L. L., (18SS) Art. 4, sec. 514. 
577. It shall be the duty of each inspector, once at least in 
every year, to inspect all stationary steam boilers of three horse 
power and upwards, used within the limits of his district, sub- 
jecting them to a hydrostatic test of at least twenty-five per cent, 
in excess of the steam pressure allowed, and satisfy himself, by 
a thorough external and internal examination, (if possible) with 
a hammer, that the boilers are free from danger from corrosion 
or other defects, are well made of good material, the openings 
for the passage of water and steam, respectively, and all pipes 
and tubes exposed to heat are of proper dimensions, and free 
from obstruction ; that the flues and tubes if any are circular in 
form, the furnaces in proper shape, and the fire line of the 
furnaces is at least two inches below the minimum water line of 
the boilers ; and shall also satisfy himself that the safety valves 
are of suitable dimensions, sufiicient in number and well ar- 
ranged, and that the weights are properly adjusted so as to allow 
no greater pressure in the boiler than the amount prescribed in 
the certificate of inspection ; that there is a sufiicient number of 
gauge-cocks, a steam gauge, a coupling cock in suitable position 
for attaching the hydrostatic test, that means for blowing out 
are provided, so as to thoroughly remove the mud and sediment 
from all parts of the boilers when they are under the pressure 
of steam, and that fusible metals are properly inserted so as to 
fuse by the heat of the furnaces when the water in the boilers 
shall fall below the prescribed limits, and that adequate and 
certain provision is made for an ample supply of water at all 
times; when the inspection is completed and the inspector ap- 
proves the boiler, he shall make and subscribe a certificate of 
inspection, stating the condition of the boiler, the number of 
years or months it has been in use, and the pressure of steam 
allowed ; and no greater pressure than that allowed by the certifi- 
cate shall be applied to such boiler. In limiting pressure, when- 
ever the boiler under test will, with safety, bear the same, the 
limit desired by the owner shall be the one certified ; and such 
certificate of inspection shall be framed under glass, and kept in 
some conspicuous place on the premises where said boiler re- 
ferred to is used; and if the inspector shall deliver or cause to 
be delivered to tlie owner or renter of any boiler a certificate of 



294 

inspection without having first subjected the said boiler to the 
tests as herein provided, he shall forfeit his bond, and upon con- 
viction shall be removed from office by the Governor. 

1872, ch. 153. P. L. L., (1888) Art. 4, sec. 515. 

578. In addition to the annual inspection, it shall be the duty 
of the inspector to examine all boilers within the limits of their 
respective districts once at least in every three months and if 
deemed necessary, apply the hydrostatic test; and if on such 
examination the inspector shall find evidence of deterioration in 
strength, he shall revoke the certificate and issue another, assign- 
ing a lower rate of pressure ; and if the defect be of such char- 
acter as to make the boiler dangerous, the inspector shall notify 
the owner or renter in writing, stating in the notice what is 
required, and order the use of the boiler discontinued until the 
necessary repairs are made ; and if he considers it beyond repair, 
he shall condemn it ; and if the owner or renter shall refuse or 
neglect to comply with the requirements of the inspector, and 
shall, contrary thereto, and while the same remains unreversed, 
use the boiler, he shall be liable to a penalty of not less than one 
hundred dollars for each day such boiler is used, and in addition 
thereto shall be liable for any damage to persons or property 
which shall occur from any defects, as stated in the notice of the 
inspector. 

1872. ch. 153. P. L. L., (1888) Art. 4, sec. 516. 

579. Any owner or renter of a boiler, who shall consider 
himself aggrieved by the action of the inspector, under the pro- 
visions of the preceding section, may, within ten days after such 
inspection, notify the inspector of the fact, and demand a re- 
examination of the said boiler ; the owner or renter shall select a 
practical engineer, who, with the inspector, shall select a third 
person, skilled in the manufacture and use of steam boilers, 
which said two persons, after taking an oath as reviewers, shall, 
together wath the inspector, carefully examine the said boiler, 
and the decision of any two of these shall be final; should the 
decision of the inspector be sustained, the said owner or renter 
shall pay the expense of such review ; but should it be reversed, 
the inspector shall restore the certificate, and the expense of the 
review shall be paid by the State ; such reviewers shall receive 
five dollars for each day or part of a day they are engaged in 
making such review. 

1872, ch. 153. P. L. L., (1888) Art. 4, sec. 517. 

580. Any person erecting or using a steam boiler without 
having the same inspected by the inspector of the district in 



295 

which the said boiler is located, shall pay a fine of one hundred 
dollars, and fifty dollars for each day any such boiler is used 
without being inspected; and any person who shall alter or 
change a steam gauge or weight on a safety valve for the purpose 
of carrying a greater pressure of steam on a boiler than that 
allowed by the certificate of inspection, shall be liable to a fine 
of five hundred dollars ; and any owner or renter of a steam 
boiler who shall neglect or refuse to place his certificate of in- 
spection on the premises, as prescribed in section 577 hereof, 
shall pay a fine of five dollars for each day's refusal or neglect. 

1872, ch. 153. P. L. L., (1SS8) Art. 4, sec. 518. 

581. The inspector shall have power to examine the engi- 
neers and assistants in charge of boilers, and if any engineer or 
assistant is found incompetent or addicted to intemperance, the 
inspector shall notify the owner or renter, and withdraw the 
certificate of inspection until such engineer or assistant is dis- 
placed. 

1872, ch. 153. P. L. L., (1888) Art. 4, sec. 519. 

582. Before issuing any certificate of inspection, the in- 
spector shall demand and receive from the owner or renter of 
the boiler, as a compensation for the inspection, and the exami- 
nations to be made during the year as hereinbefore provided, 
the following sums : For every boiler of ten horse-power or less, 
five dollars ; when the boiler is above ten horse-power, five dollars 
for the first ten, and twenty-five cents additional for each horse- 
power in excess of that number. 

1872, ch. 153. P. L. L., (1888) Art. 4, sec. 520. 

583. In shall be the duty of each inspector to keep a correct 
record of the locations of all boilers in his district, when each 
boiler was inspected, the condition of the same at the time of 
inspection, the instructions given to the engineers in charge, the 
certificates issued, the amount of steam pressure allowed in each 
certificate, and the boilers condemned or ordered to be repaired; 
also a correct account of all money received or paid out ; and they 
shall report the same annually to the State Comptroller. 

1874, ch. 96. P. L. L., (1888) Art. 4, sec. 521. 

584. The inspectors shall receive an annual salary of fifteen 
Iniiidrcd dollai's each; and all moneys collected, after deducting 
the necessary incidental expenses of the office, shall be paid over 
to the Treasurer of the State. 



296 

1S72, ch. 153. P. L. L.. USSS) Art. 4, sec. 522. 

585. Xothing in this sub-division of this Article shall conflict 
with the ordinance of the Mayor and City Council of Baltimore 
which requires their permission for the erection of steam boilers 
in that city. 

1SS6, cJi. 503. P. L. L., USSS) Art. 4, seo. 523. 

586. Every steam boiler insurance company doing business 
in this State shall have a resident inspector, whose duty it shall 
be to make inspections of steam boilers submitted for insurance 
to such steam boiler insurance company; and any owner or 
renter of a steam boiler who has the same insured in a steam 
boiler insurance company doing business in this State, in com- 
pliance with the laws thereof, and having a resident inspector 
and an established system of inspection, must immediately after 
the first annual inspection in each year by such resident inspector 
of such steam boiler insurance company, present to the State 
inspector of the district in which the said steam boilers are 
located, the certificate of inspection of the said company: and 
the said companv shall be charsjed and chargeable with a fee of 
one dollar for each and every boiler so inspected and insured, 
which shall be paid to the State Inspector with such certificate ; 
provided, that when there is more than one steam boiler belong- 
ing to the same owner or renter so insured, then the fee so 
chargeable to the insurance company shall be one dollar per 
boiler for the first five, and one dollar for each additional five or 
fraction thereof over and above the first five; and upon the 
acceptance of the provisions of this section by the owner or renter 
of said steam boiler, the said owner or renter shall be exempted 
from the requirements of this sub-division of this Article. 

1S72. ch. 151. P. L. L., (1SS8) Art. 4, sec. 524. 

587. If either inspector neglects to discharge his duties as 
prescribed in this sub-division of this Article, he shall forfeit his 
bond, and shall be removed from office by the Governor. 

1872, ell. 151. P. L. L., (1888) Art. 4, sec. 525. 

588. The Governor shall fill all vacancies that may occur as 
soon as possible. 

1872, ch. 151. P. L. L., (1.S88) Art. 4, sec. 526. 

589. All fines and penalties imposed in this sub-division of 
this Article shall be recoverable by indictment before the Crimi- 
nal Court of Baltimore, or before anv Justice of the Peace of 
said city, in the name of the inspector, for the benefit of the 
State. 



297 



WOOD CARTS. 

1878. ch. 183. P. L. L., (1S8S) Art. 4, sec. 527. 1894, ch. 313. 

590. The Governor shall biennially appoint, by and with 
the consent of the Senate, one competent person, whose duty it 
shall be to measure and stamp all carts or vehicles engaged in 
hauling wood from wharf and yard within the corporate limits 
of the Citv of Baltimore ; and it shall further be the dutv of the 
said measurer to measure and stamp all carts or vehicles engaged 
in hauling sawed and split wood for the purpose of selling the 
same within the corporate limits of the City of Baltimore; the 
said measurer shall have power to appoint deputies if he shall 
find it necessary to facilitate the work ; and he or his assistants 
shall give certificates to the owners of said carts or vehicles, 
which shall hold good for one 3'ear from date; all such certifi- 
cates shall terminate on the first dav of Mav. annuallv. and shall 
be applied for on said day, or within thirty days thereafter ; and 
in all cases where said certificate shall not have been renewed 
within the thirty days aforesaid, a new certificate shall be neces- 
sary, to be dated and paid for from the first day of May, as in 
case of renewal, unless some repairs or alteration be necessary to 
change the same, for which services he shall receive the sum of 
one dollar for each cart or vehicle so inspected and marked by 
him, to be paid by the party at whose request the services were 
performed ; the said measurer or his deputies shall be in no way 
interested as clerks, or otherwise engaged in the purchase or sale 
of fire-wood, other than for their own use. 

1894, ch. 313. 

591. It shall be unlawful for any person, in either purchas- 
ing or selling seasoned cord wood in quantities of not less than 
one-half cord at any one time, to measure and settle for the same, 
except on the basis of one hundred and twenty-eight cubic feet 
to each cord of wood ; and the said contents of a cord of wood 
shall be ascertained by lineal or outside measurement, as fol- 
lows: It shall be eight feet long, four feet high and four feet 
wide. 

1894, ch. 313. 

592. Any person violating the provisions of the preceding 
section, shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof shall be subject to a fine of not less than fifty nor 
more than one hundred dollars, one-half to go to the informer. 



298 

1876, ch. 46. P. L. L., (1888) Art. 4, sec. 528. 

593. The said measurer and his deputies, before entering 
upon their duties of office, shall take the following oath or affir- 
mation, as the case ma}^ be, before some Justice of the Peace : 
"I do solemnly swear (or affirm) that I will faithfully, truly and 
impartially, according to the best of my skill and judgment, 
execute and perform the office and duty of measurer of carts 
according to the true intent and meaning of this sub-division of 
this Article, so help me God." 

1878, ch. 183. P. L. L., (1888) Art. 4, sec. 529. 1894, ch. 313. 

594. Said measurer shall locate himseK in some suitable 
section of the city, where he can be found, where the greatest 
quantity of wood is for sale ; he shall plainly mark, by a brand 
on the standards of each side of said carts or vehicles, in such a 
manner as that the purchaser or consumer of fire-wood may see 
the quantity contained in each eighth, quarter, half or cord of 
wood so purchased by him, the standard of measurement to be 
one hundred and twenty-eight cubic feet to the cord of well stored 
and packed cord wood, or one hundred and sixty cubic feet of 
sawed and split wood. 

1886, ch. 315. P. L. L., (1888) Art. 4, sec. 530. 1894, ch. 313. 

595. All stick wood sold by retail in the City of Baltimore, 
shall be measured in a solid frame made of wood or iron ; a 
frame to measure one-eighth of a cord shall be two feet wide and 
two feet high ; a frame to measure one-fourth of a cord shall be 
three feet wide and two feet eight inches high ; a frame to 
measure three-eighths of a cord shall be four feet wide and three 
feet high ; and a frame to measure one-half a cord shall be four 
feet wide and four feet high, these various dimensions being all 
intended to import inside measurement; all frames shall be 
measured and stamped every year by the inspector just as carts 
are measured and stamped. 

1886, ch. 315. P. L. L., (1888) Art. 4, sec. 531. 

596. If any wood dealer shall sell stick wood by retail in the 
City of Baltimore, measured otherwise than in a frame, he shall 
be subject to the penalty of five dollars for each offence ; one-half 
of the penalty to go to the informer ; said penalty to be recovered 
before some Justice of the Peace. 

1886, ch. 315. P. L. L., (1888) Art. 4, sec. 532. _ 

597. The two preceding sections shall not apply to the 
measurement of sawed and split wood. 



299 

1878, eh. 183, sec. 4. P. L. L., (1888) Art. 4, sec. 533. 

598. If any owner of a cart or vehicle to be used in hauling 
fire-wood in the Citv of Baltimore shall neclect to have such 
cart or vehicle so inspected, and if any carter or person shall 
alter the marks of said carts or vehicles after the same have been 
so inspected, or shall alter the measurement of said fire-wood by 
increasing or taking from the same, or neglect to have said carts 
or vehicles stamped, as provided for in this sub-division of this 
Article, by the first day of June of each year, or if any dealer 
shall sell the aforesaid cord or sawed and split wood to any cart 
or vehicle not properly stamped by the measurer or his deputies, 
provided for by this sub-division of this Article, he shall be 
subject to the penalty of five dollars for each offence, to be 
recovered as small debts are now recovered, before some Justice 
of the Peace, for the use of the City of Baltimore. 

1878, ch. 183, sec. 5. P. L. L., (1888) Art. 4, sec. 534. 

599. In case of dispute between the purchaser and seller of 
any lot of fire-wood, the measurer or his deputy, appointed under 
this sub-division of this Article, may act as arbitrator between 
said parties, and his decision shall be final ; for which services he 
shall receive the sum of six and one-quarter cents for each cord 
of wood so inspected and measured by him, to be paid by the 
party at whose request said service was performed; the said 
measurer or deputy to give a certificate of the number of cords 
contained in each lot. 

JON^ES' FALLS. 

1870, ch. 115. P. L. L., (1888) Art. 4, sec. 579. 

600. None of the provisions of this Article in reference to 
constructing sewers and opening and paving streets in the City 
of Baltimore shall apply to the construction of the sewers, and to 
the opening and paving of the streets and avenues for which 
provision is made in this Article relating to Jones' Falls, save 
in so far as the said provision may be made applicable thereto by 
an ordinance of the Mayor and City Council of Baltimore, 
passed for the purpose ; and provided further, that no appeal 
shall lie from the decisions of the Baltimore City Court in pro- 
ceedings in said Court under the provisions of this Article 
relating to Jones' Falls. 

1870, ch. 115. p. L. L., (1888) Art. 4, sec. 580. 

601. All of the provisions of an ordinance of the Mayor and 
City Council of Baltimore, entitled an ordinance to provide for 



300 

the improvement of Jones' Falls within the limits of the Citv of 
Baltimore, approved January 31, 1870, shall have the same 
force, effect and operation, and be in all respects as valid as if 
the said ordinance had been passed after the approval of the Act 
of 1870, chapter 115, or had been passed after the enactment of 
a law by the General Assembly of Maryland authorizing and em- 
powering the Mayor and City Council of Baltimore to pass such 
an ordinance. 

JURORS. 

P. L. L., (1860) Art. 4, sec. 601. 1860, ch. 308. 1867, ch. 401, sec. 4. 
1882, ch. 67. 1884, ch. 450. P. L. L., (1888) Art. 4, sec. 583. 

602. The Judges of the Supreme Bench of Baltimore City, 
or a majority of them, shall meet in some one of the courtrooms 
of the City of Baltimore on such days as the said Judges, or a 
majority of them, shall appoint, in the month of April in each 
year, and shall on such days of meeting, select fairly and impar- 
tially, and by the exercise of their best judgment, the names of 
seven hundred and fifty persons, or thereabout, qualified under 
the laws of this State to be grand and petit jurors in the City of 
Baltimore. They shall cause the names of the persons so selected 
to be entered in a proper book, and shall verify the list so made 
up by their certificate and signatures. The said book containing 
the said list shall be placed in the custody of the Clerk of the 
Superior Court of Baltimore City. 

Clare v. State. 30 Md. 163. Avirett v. State, 76 Md. 535. State v. 
Keating, 85 Md. 188. 

P. L. L., (1860) Art. 4, sec. 602. 1860, ch. 308. 1882, ch. 67. 
1884, ch. 450. P. L. L., (1888) Art. 4, sec. 584. 

603. In order to assist the said Judges in making out the list 
of jurors aforesaid, the City Collector of the City of Baltimore, 
shall, before the first day of February in each and every year, 
lodge with the Clerk of the Superior Court of Baltimore City, 
for the use of said Judges, a certified list of so many of the 
taxable male inhabitants, resident in the said city, as he may 
have been directed to furnish by the order of said Judges, or a 
majority of them, setting out their names and places of resi- 
dence, so far as the same may be ascertained; and the said 
Collector shall receive for such service a compensation to be fixed 
by said Judges, and he shall be paid as jurors are paid. 

1860, ch. 308. 1882, ch. 67. 1884, ch. 450. P. L. L., (1888) 

Art. 4, sec. 585. 

604. The said list of persons, qualified under the laws of this 
State to be grand and petit jurors in the City of Baltimore, 



301 

having been prepared as aforesaid, it shall be the duty of the 
said Judges of the Supreme Bench of Baltimore City, or a 
majority of them, to meet in each and every year in some one of 
the courtrooms of the City of Baltimore, on one or more days 
to be appointed by them, before the beginning of each regular 
term of the Criminal Court of Baltimore, which said meeting, 
or the last of which said appointed meetings shall be at least ten 
days before the beginning of each of said terms, and to select 
from said list the names of twenty-three persons, who shall con- 
stitute and be the grand jurors for the City of Baltimore for the 
ensuing term of said Criminal Court of Baltimore ; the list of 
grand jurors so selected shall be attested by the signatures of the 
Judges selecting the same, and be given forthwith to the Sheriff 
of Baltimore City, who shall immediately summon the persons 
so selected, to serve as grand jurors for the City of Baltimore at 
the ensuing term of the Criminal Court of Baltimore. If any 
of the grand jurors so selected and summoned shall be shown to 
be disqualified, or be from any sufficient cause excused from 
serving, it shall be the duty of the said Judges of the Supreme 
Bench of Baltimore City, or a majority of them, to re-assemble 
as soon as they are notified thereof by the Judge of the Criminal 
Court of Baltimore, and to assemble again, from time to time, if 
the same be necessary, to correct and complete, in the manner 
hereinbefore provided for, the said Grand Jury for the City of 
Baltimore, by the selection of proper persons as aforesaid from 
the list of qualified jurors made as aforesaid, omitting in said 
selection the names of persons on said lists who may have been 
drawn to serve as petit jurors in other Courts of said City at 
said term. The Judges shall, after so correcting and completing 
the list of grand jurors for the City of Baltimore, so before made 
out by them, attest the said list of grand jurors as so corrected, 
by their certificate and signatures thereto. The Judge of the 
Criminal Court of Baltimore shall, at the beginning of each 
term of the said court, designate the foreman of the Grand Jury 
for the City of Baltimore for the said ensuing term, from among 
the number of grand jurors selected as aforesaid for said city; 
and in case of the disfpialification, sickness, absence or death of 
said foreman, or of anv foi-eman of said Grand Jurv, may desie;- 
nate another from among the number of said Grand Jury, who 
shall act as such foreman. 

Stiitc V. KontiiiK, 85 Mfl. ISS. 

1900, ch. 164. 1908, ch. 162. 
604A. Upon the organization of each gi-and jury, as pro- 
vided for in the preceding section, and npon tlicii- nnpu^st tluM-e- 



302 

for, signified to the judge or judges for the time being especially 
assigned to and sitting in the Criminal Court of the said city, 
the said judge or judges may and they are hereby authorized 
and empowered to appoint a clerk, who shall be a competent 
stenographer, at a compensation not exceeding the rate of fifteen 
hundred dollars per annum, to be paid by the Mayor and City 
Council of Baltimore, which said clerk shall have authority to 
take and transcribe the testimony given before any grand jury 
in said City of Baltimore, and whenever required by the State's 
Attorney shall attend upon and take and transcribe the testi- 
mony given at coroner's inquests, and all of the said testimony 
so taken and transcribed shall be for the exclusive use and benefit 
of the grand jury and the State's Attorney of said city, unless 
otherwise ordered by the Court. In addition to the compensation 
aforesaid to be paid to said clerk by the Mayor and City Council 
of Baltimore, the said Mayor and City Council of Baltimore 
shall make compensation to said stenographer for all testimony 
taken and transcribed by him at any coroner's inquest or in- 
quests, and when requested by the State's Attorney for the use 
of his ofiice, at a rate not exceeding fifteen cents per hundred 
words of such testimony. 

1900, ch. 164. 

604B. Any clerk appointed under the provisions of the pre- 
ceding section shall before he enters upon the duties of his ofiice 
take and subscribe before the Clerk of the Criminal Court of 
Baltimore City an oath that he will keep secret all matters and 
things occurring before such Grand Jiiries. 

1900, ch. 164. 

604O. It shall be lawful for any stenographer, duly ap- 
pointed and qualified as herein provided, to attend and be present 
at the sessions of every Grand Jury empaneled in the said city, 
and it shall be his duty to take in shorthand the testimony intro- 
duced before such Grand Juries and to furnish to the Grand 
Jury and the State's Attorney of said city a full copy of all such 
testimony as such Grand Jury or State's Attorney shall require, 
and he shall not permit any other person to take a copy of the 
same nor of any portion thereof, nor to read the same nor any 
portion thereof, nor shall he disclose the character or any of 
the contents of the same to any person or persons other than the 
Grand Jury or State's Attorney for said city, except upon the 
written order of the Court duly made after hearing the State's 
Attorney. All of the said original minutes shall be kept in the 
custody of said State's Attorney, and neither the same nor a 



303 

copy of the same shall be taken from the office of said State's 
Attorney excepting for the use of a Grand Jury for said city or 
for production in Court, without an order of Court first had and 
obtained, as above provided. 

1900, ch. 164. 
604D. Any stenographer appointed as aforesaid who shall 
violate any of the provisions of the three preceding sections with 
regard to secrecy shall be deemed guilty of a misdemeanor, and 
on conviction thereof shall be fined not exceeding one thousand 
dollars or imprisoned in jail not exceeding one year, or be both 
fined and imprisoned in the discretion of the Court. 

1882, ch. 67. 1884, ch. 450. P. L. L., (1888) Art. 4, sec. 586. 

605. The said Judges of the Supreme Bench of Baltimore 
City, or one or more of them, shall, at one or more of the meet- 
ings provided for in the last preceding section of this sub-division 
of this Article, after the selection of the grand juries for the City 
of Baltimore, as provided in the last preceding section, cause 
all the names selected by the Judges as aforesaid, remaining 
upon said list of qualified jurors, to be inscribed upon ballots, 
which shall be of equal size, color and appearance, and shall be 
closely folded and shall be placed by one of such Judges, with 
his own hands, on the day of said meeting and immediately 
before the drawing herein provided for, in a drawing wheel to be 
provided for that purpose by the Sheriii" of Baltimore City, 
under the direction of said Judges; the said Judge shall then 
cause the said Sheriff, or such one of his deputies as he shall 
designate, to appear before him ; and it shall be the duty of the 
said Sheriff or his said deputy, in the presence and in the imme- 
diate view of the said Judge or Judges, and of such other per- 
sons as may choose to attend, to draw one by one from said 
wheel the ballots contained therein until four hundred of said 
ballots have been drawn therefrom; and thesaid Judge or Judges 
shall cause the said wheel to be turned upon its axis before the 
conunencement of said drawing, and after the ballots have been 
deposited therein, and after the drawing of each ballot, and 
before the drawing of the next, until four hundred of said ballots 
shall have been drawn ; and said Judge or Judges shall forthwith 
cause the names appearing upon said ballot as drawn, together 
with the names selected as grand jurors, to be duly re(*(U-ded in 
a proper book in the order in which they shall have l)cen chosen, 
and in which said Judge or Judges shall have seen them drawn 
as aforesaid, which said Judge or Judges so attending s;ii<! 
drawing shall certify at the foot of said list to have been done 



304 

1882, ch. 67. 1884, ch. 450. P. L. L., (1888) Art. 4, sec. 591. 

606. After four hundred of the names in the box shall have 

been drawn, as provided by section 605, it shall be the duty of 

said Judge or Judges who shall have attended said drawing to 

cause the names of the said several panels, and the names of the 

other persons drawn as aforesaid, to be entered in two books, in 

addition to the book provided in section 605, in the order in 

which the said panels and the names aforesaid were drawn ; and 

the said books shall be certified by the Judge or Judges who 

shall have attended said drawing, to be true copies of the book 

prescribed in section 605, and said books shall be denominated 

jury books for Baltimore City. 

Condemnation Juries. — Such juries need not be summoned from the 
jury book. 

Balto. Belt R. R. Co. v. Turner, Daily Record, January 12, 1893. 

1896, ch. 20. r. L. L., (ISSS) Art. 4, sec. 591 A. 

607. In addition to the four hundred names to be drawn as 
provided by section 605 of this Article, it shall be the duty of 
said Judge or Judges who shall attend said drawing to cause to 
be drawn in the mode pointed out in said section 605, or in such 
other mode as shall be prescribed by the Supreme Bench of 
Baltimore City, one hundred additional jurors, or such other 
number as shall be deemed necessary to be drawn by the 
Supreme Bench of Baltimore City which said jurors so drawn, 
together with the said four hundred jurors, shall, under such 
regulations as shall be prescribed by the Supreme Bench of 
Baltimore City, serve from time to time as jurors in the common 
law courts of Baltimore City, and for such length of time as said 
courts shall prescribe, and power is hereby conferred upon said 
Supreme Bench of Baltimore City to prescribe by rule for the 
mode, time and place for the drawing of jurors, for the organi- 
zation thereof, and for the distribution among the said several 
common law courts of Baltimore City, of the jurors whose 
drawing is provided for by the several sections of this sub- 
division of this Article, and to regulate the length of time for 
which the jurors drawn as aforesaid shall serve. 

P. L. L., (1860) Art. 4, sec. 609. 1860, ch. 308. 1882. ch. 67. 1884, ch. 
450. P. L. L., (1888) Art. 4, sec. 592. 

608. When the jury books shall have been prepared and 
certified as directed in the foregoing section, it shall be the duty 
of the said Judge or Judges by whom the same shall have been 
so certified, to cause one of the said books to be deposited in the 
custody of the Clerk of the Superior Court of Baltimore City, 



305 

and one in the custody of the Sheriff of Baltimore City, and one 
shall be retained by the said Judges of the Supreme Bench of 
Baltimore City, or by such one of their number as they shall 
appoint for the purpose of verifying the list of persons so de- 
livered as aforesaid to the Clerks or the Sheriff of Baltimore 
City. And when the said books shall have been delivered to the 
said Sheriff, he shall immediately summon the several jurors 
drawn for the several panels named in the said book, to serve in 
the court for which they have been respectively drawn, at such 
time as shall be designated by the court. And in addition to 
summoning the said jurors for the said several panels, the said 
Sheriff shall also summon such additional number of persons, 
whose names are set down in said book, and as nearly as may be 
in the order in which their names are so set down, as the said 
Judges of the Supreme Bench, or a majority of them, shall 
direct, to appear in the room of the Superior Court of Baltimore 
City at the same time with the panel for said court. And the 
said additional number of jurors shall constitute a reserve, from 
which without further summons, jurors may be selected to serve 
in lieu of any persons drawn for the regular panels of said court 
aforesaid, w^io may not be found, fail to appear, are legally dis- 
abled, or are excused or excluded from attending, so that the 
panels may be completed by selecting from said reserve, in the 
following order: First, for the Superior Court of Baltimore 
City ; second, the Criminal Court of Baltimore ; third, the Balti- 
more City Court ; and fourth, the Court of Common Pleas. And 
until said panels have been completed, said reserves shall be 
required, upon the order of the several courts, to proceed from 
one to the other in the order above mentioned ; and when all 
said panels have been completed, those persons summoned for 
such reserve, and not empaneled, shall be discharged, but shall 
not thereby be excused from service when resummoned; and in 
empaneling juries for said reserve their names shall be called in 
the order in which they appear in said book ; and the names of 
said reserves shall first be called in the Superior Court of Balti- 
more City, the Judge of which Court shall determine upon their 
qualifications as jurors, and the right or claim of any members 
of said reserve to be excused or exempted from service. 

Clare v. State, 30 Md. 166. 

1882, ch. 07. 18S4, cli. 450. 1'. L. L., (1888) Art. 4, sec. 593. 

609. If the full panels of jurors for the said several courts 
shall not be obtained from the jurors so drawn for the several 
panels of the said courts, as herein provided, or from said 
reserve, by reason of some of said jurors or reserve being legally 



306 

disabled or excused from attending, or not being found, or from 
other causes, the Sheriff, upon being notified by any of said 
Judges what additional number of jurors is required for the 
court in which he presides, shall proceed to complete the said 
panel in which jurors are needed, by summoning in the stead of 
such jurors such number of persons as said Judge may direct, of 
the persons whose names are set down in the said jury book next 
after the regular panels, and after those persons who have been 
summoned as the reserve hereinbefore provided for ; and he 
shall summon such persons, as near as he can reasonably do so, 
in the order in which they are set down in said book, and their 
names shall be called for empaneling in the order in which they 
appear in said book. 

1860, cli. 308. 1882, cli. 67. 1884, ch. 450. P. L. L., (1888) Art. 4, 

sec. 594. 

610. If at any trial of any cause in any of the several courts 
as aforesaid, tales de circumstantibus, shall be ordered, it shall be 
the duty of the Sheriff to summon such talesmen, those who are 
entered in said book and are not upon the regular panels as afore- 
said ; and such talesmen shall be summoned and called to be 
sworn or affirmed upon the voir dire, or otherwise, in the order 
in which their names are set do\Am in said jury book, unless the 
Sheriff" or his deputy in that behalf shall swear that he has made 
true and diligent search for such nersons as do not appear, and 
that they cannot be found, or unless being summoned such per- 
sons have failed to appear, or unless the State's Attorney or his 
deputy, and counsel for the traverser, or the counsel for the 
parties litigant, with the consent of the court, shall waive said 
order for summoning and swearing or affirming such talesmen ; 
but if said affidavit shall have been made by said Sheriff or his 
deputy, or if such persons shall fail to appear after having been 
summoned as aforesaid, or the said waiver shall be made with 
the consent of the court, then such of the talesmen as have been 
properly summoned and have appeared shall be called to be 
sworn in the order in which their said names are recorded in the 
jury book aforesaid ; or whenever in either of said courts it shall 
be necessary to summon talesmen, the Judges of the said courts, 
respectively, instead of, or in addition to, resorting to the fore- 
going provisions of this section for the summoning of talesmen 
may order the Sheriff to summon as sucli talesmen, any of the 
jur^Tnen in attendance upon either of the said courts, except said 
Criminal Court of Baltimore, who may not then be engaged as a 
part of any special panel ; and if it should happen at any time 
in summoning talesmen for any of the said courts, the Sheriff 



307 

shall exhaust the whole list of the names drawn from the said 
wheel, as provided in this sub-division of this Article, it shall be 
his duty immediately to make report thereof, verified by his 
affidavit or affirmation, to the Supreme Bench of Baltimore 
City, and thereupon the said Judges, or one of them, shall 
immediately cause the Sheriif, or his deputy to be designated by 
him, to appear before such Judge, in some one of the court- 
rooms ill said city, and cause such additional number of names 
as shall be designated by the Judge of the Court for which such 
talesmen are needed, to be drawn from the names selected by 
said Judges as aforesaid, and still remaining upon said list of 
qualified jurors, and from such further names, if any, as the 
Judges of the Supreme Bench, or a majority of them, shall select 
and cause to be added to said list ; and the said drawing shall be 
made, and the names drawn shall be recorded in the manner 
provided in sections 605 and 606 ; and the talesmen shall be 
summoned from such additional number of persons so drawn in 
the manner hereinbefore directed, 

P. L. L., (1860) Art. 4, sec. 611. P. L. L., (1888) Art. 4, sec. 595. 

611. Every petit juror sworn upon any special panel shall 
continue to serve thereon until discharged by the court, notwith- 
standing the expiration of his term of three weeks, aforesaid; 
but no one summoned as a juror shall be excused from service 
except in open court, on good cause shown to the satisfaction of 
the court; and if any juror summoned, and not excused, shall 
fail to attend the said court until duly discharged, he shall be 
fined, for the use of the said city, not less than twenty nor more 
than two hundred dollars, to be recovered by attachment, or such 
other appropriate process as the said court may direct. 

Mills V. State, 76 Md. 280. See, City Code (1879), pages 566-569. 

1882, ch. 67. 1884, ch. 450. P." L. L., (1888) Art. 4, sec. 596. 

612. It shall be the duty of said Judges, or a majority of 
them, to assemble as hereinbefore in this sub-division of this 
Article provided, on the Thursday preceding the fourth Monday 
of each term, and thereafter so long as a jury may be required 
for any of said courts, from three weeks to three weeks during 
each term of each of the said courts which may require the at- 
tendance of a jury ; at such meetings the said Judges, or a ma- 
jority of them, shall cause the names of those who have served on 
any of the regular panels of the aforesaid courts since the mak- 
ing of the list of qualified jurors as aforesaid to bo stricken from 
said list; and the persons whose names are so stricken from 



308 

said list shall not be liable to serve again as jurors for two years, 
accounting from the beginning of the term for which their 
names were so entered on the list of qualified jurors; the said 
Judges, or a majority of them, shall then add to said list of 
qualified jurors such qualified persons as shall suffice to make 
up the number of seven hundred and fifty qualified persons, or 
thereabouts. From the said whole number the jurors to serve 
for three weeks from the ensuing Monday shall then be drawn 
for the said courts, and their names be recorded in the said 
jury books in the manner hereinbefore provided by this sub- 
division of this Article, under the superintendence of one or 
more of said Judges. And if, at the time of any drawing, juries 
shall not be required for all of said courts, then it shall not be 
necessary to draw panels for the court not requiring them, but 
jurors shall be drawn for such courts only as may need them, 
in the manner hereinbefore provided in this Article relating to 
jurors, so far as concerns the courts requiring such juries ; and 
besides summoning said panels for the said courts, the Sheriff 
shall also summon at the same time such number of reserves as 
he may be required by the Judges, or a majority of them, as 
provided by section 608 ; and said reserves shall also be liable 
to service as in said section mentioned. 

18G0, ch. 308. P. L. L., (1860) Art. 4, sec. 613. P. L. L., (1888) Art. 

4, sec. 597. 

613. If it should happen that the said lists of persons com- 
petent to act as jurors, other than the regular panels as afore- 
said, should at any time be exhausted as talesmen, it shall also 
be competent for the Sheriff to summon as talesmen any of the 
regular panels in any of the other of said courts in Baltimore 
City who may be at the time of such summons not engaged as 
part of any special panel in any of the said courts ; but it is 
herein provided that whenever any part of the regular panel of 
any court, shall be by the Sheriff as aforesaid summoned to 
attend in another, as talesman, jurors of the regular panel of the 
court in which talesmen are required, or so many of them 
as shall be needed, shall be by the said Sheriff notified to attend 
in the courts from which regular jurors have been withdrawn ; 
and the said jurors shall attend accordingly in the said courts 
until the regTilar jurors of said court are discharged from the 
court in which they shall be required to serve as talesmen as 
aforesaid. 

1882, ch. 67. 1884, ch. 450. P. L. L., (1888) Art. 4, sec. 598. 

614. Any person who shall fraudulently mark or desigiiate 
or open or leave open, or cause or knowingly permit to be 



309 

marked or designated, or to be opened or left open any ballot 
for jurors which shall be prepared for the purpose of being 
dra^^'n under this sub-division of this Article, or who, by any 
fraudulent contrivance, device, or collusion whatever, shall pre- 
pare or arrange, or cause, or knowingly permit to be prepared 
or arranged any ballot aforesaid, so that the same or any thereof 
may be known or recognized in the drawing thereof, or may be 
drawn in preference to others, or for the purpose of their being 
so known or recognized, or being so drawn or omitted to be so 
dra^^^l; and any person who shall in any way fraudulently or 
collusively deal with the ballots aforesaid, or any of them, or 
with the drawing thereof, or with the preparation or folding of 
said ballots, or with the wheel aforesaid, so that the fair opera- 
tion and lawful and impartial execution of the provisions of this 
sub-division of this Article in relation to the selection of jurors 
in the City of Baltimore shall be knowingly prevented or inter- 
fered with, or with intent to interfere with or prevent the same, 
or to permit or allow the same to be interfered with or pre- 
vented, shall be guilty of a misdemeanor, and upon conviction 
thereof shall be sentenced to be confined, in the discretion of the 
Court, in the Penitentiary or Maryland House of Correction for 
a term of not less than one nor more than three years. 

1860, ch. 308. P. L. L., (1860) Art. 4, sec. 615. P. L. L., (1888) Art. 

4, sec. 599. 

615. All special juries authorized by law to be summoned 
shall be summoned by the Sheriff of Baltimore City from those 
whose names may be inscribed in the jury book as then revised. 

1860, ch. 308. P. L. L., (1860) Art. 4, sec. 616. P. L. L., (1888) Art. 

4, sec. 600. 

616. If any Sheriff of Baltimore City, or any deputy there- 
of, shall wilfully violate the provisions of this sub-division of 
this Article relating to juries, the said Sheriff shall forfeit the 
sum of one thousand dollars, which sliall be recovered by civil 
action in the name of the State against the Sheriff and the sure- 
ties on his bond in that behalf, and one-half of the penalty shall 
be paid to the informer. 

1860, ch. 308. P. L. L., (1800) Art. 4, sec. 617. P. L. T.., (1888) Art. 

4, sec. 601. 

617. Any two of the Judges of the Supreme Bench of Balti- 
more City may constitute a quorum at any meeting held under 
the provisions of this sub-division of this Article, nnd ni:iy 
exercise all the powers reposed in the said Judges, 



310 

18G0, ch. 308. P. L. L., (1860) Art. 4, sec. 618. P. L. L., (1888) Art. 

4, sec. 602. 

618. In all criminal cases in which the person indicted has 
or may have the right of peremptory challenge, the State's At- 
torney shall have the right to challenge peremptorily any num- 
ber of jurors not exceeding five. 

P. G. L., (1860) Art. 50, sec. 18. P. L. L., (1888) Art. 4, sec. 603. 

619. The Grand Jury shall at each term of the court visit 
the jail, and inquire into its condition, the manner in which 
it is kept and the treatment of the prisoners, and report the 
same to the court. 

1867, ch. 269. P. L. L., (1888) Art. 4, sec. 604. 

620. All the provisions of this sub-division of this Article 
relating to the mode of drawing and summoning jurors shall 
be construed as directory merely, and no indictment or present- 
ment for any felony or misdemeanor shall be quashed, nor shall 
any judgment upon any indictment or presentment, whether 
after verdict, by confession or otherwise, be stayed or reversed, 
nor shall any challenge to the array of jurors be allowed because 
of any failure by the Judges, or the clerks, or the Sheriff, to 
comply with the provisions of law relating to the drawing of 
jurors in the City of Baltimore; provided, nevertheless, that if 
any officer concerned in the drawing of said jurors shall wil- 
fully neglect to perform any duty imposed upon him by law, he 
shall be liable to indictment in the Criminal Court of Balti- 
more, and upon conviction shall be fined the sum of one thous- 
and dollars. 

Pay of Jurors. 
1880, ch. 441. P. L. L., (1888) Art. 4, sec. 605. 

621. Jurors in any of the courts of the City of Baltimore 
shall receive one dollar and a-half per day for each and every 
day they shall attend the several courts of this State in said city 
as jurors; and it shall be the duty of the clerk of the court to 
which the jurors shall be summoned, to furnish on the day 
their services shall terminate, to each juror, a certificate, show- 
ing the days he has been in attendance on the court, and the 
amount payable to him for such service ; and the City Register 
shall pay the jurors the sums payable for such service in cash, 
and immediately upon the presentation and surrender of such 
certificate, with the receipt of the juror, and said payment shall 
not be demanded save upon the surrender of said certificates, 
and the said certificates shall not be the subject of assignment. 



311 

Volunteer Militia Exempt from Petit Jury Duty. 
1870, ch. 182. p. L. L., (1888) Art. 4, sec. 606. 1906, ch. 61. 
622. All certificates of membership of any legally organized 
volunteer company of the militia shall be signed by the com- 
manding officer thereof, which certificates shall be issued on or 
before the first day of April in each year to such persons as 
may then compose the uniformed and active members of said 
company; every such company may receive and have as many 
honorary members as it has active and uniformed members, and 
no more, on payment, in advance, by each person desiring to 
become such honorary member, of not less than ten dollars per 
annum ; which said money shall be received by the commanding 
officer of the company, and be by him applied to the payment of 
armory rent or the purchase of uniforms for the rank and file 
of the active members of his company, or to such purposes as 
may be authorized by the by-laws of said company ; and the 
commanding officer of every company shall on or before the first 
day of June and December of every year render to the Adjutant 
General an account of the money so received and expended by 
him, and every such honorary member shall be entitled to receive 
a certificate of honorary membership of the company, to be 
signed as aforesaid, and bearing date at the time of its issue; 
which certificates of membership, whether of uniformed and 
active members or of honorary members, shall exempt the per- 
son therein named from petit jury duty for the period of one 
year from the date of his said certificate; provided, he files his 
said certificate with the clerk of the court before the drawing 
of the jury. 

Albert, Sheriff, v. White, 33 Md. 297. 

JUSTICES OF THE PEACE AND CONSTABLES. 

1886, ch. 66. 1888, ch. 98, sec. 16. 1886, ch. 314. P. L. L., (1888) Art. 
4, sec. 607. 1890, ch. 125. 1896, ch. 117. 1904, ch. 16. 

1912. ch. 823. 

623. The Governor, by and with the advice and consent of 
the Senate, shall appoint twelve Justices of the Peace for each 
of the legislative districts of lialtirnorc City, to be selected as 
follows: One from each of the wards comprising each of said 
districts, and six Justices of the Peace at large from each 
of said districts, and shall further appoint fifty-three Justices 
of the Peace, and no more, from Baltimore City at largo, who 
shall be appointed from such wiuvl oi' wnrds as tlic (lovci-nor 
may elect or determine. 

.Tiistices of the Peace and Constal)los do not liol<l over, excciit ;is ilc 
fdcfo oflif-ers. Their term expires two years from llicir ;iiii>oiiitiiMiit. 
Claude v. Waysoii, 318 Md. 447. 



312 

1902, ch. 611. 1904, cli. 521. 1910, ch. 41. 

623A. In addition to the Justices of the Peace mentioned 
in section 623 of this Article, there shall be appointed by the 
Governor, by and with the advice and consent of the Senate, 
and if the Senate shall not be in session, by the Governor, from 
the City of Baltimore, at large, an additional Justice of the 
Peace, to be known as the magistrate for juvenile causes, who 
shall be a member of the bar of the Supreme Bench of Balti- 
more City and shall receive from the Mayor and City Council 
of Baltimore a salary of three thousand dollars per annum, pay- 
able monthly, and the jurisdiction and powers of such justice 
shall be as follows : ( 1 ) He shall possess the general powers of 
police justice of the peace or justice of the peace selected to sit at 
a station-house in the City of Baltimore, as the same are now 
or may hereafter be defined by law. (2) He shall have exclusive 
jurisdiction where jurisdiction is given by law to any justice 
of the peace in Baltimore City, in all cases of trial or commit- 
ment for trial, or commitment to any juvenile institution of 
any minor under the age of sixteen years, and such magistrate 
shall sit at such times as may be necessary for the proper dis- 
charge of his duties at such proper place in the Courthouse in 
Baltimore City as may be provided by the Superintendent of 
Public Buildings. (3) He is empowered to appoint a suitable 
person to act as his clerk, who shall receive from the Mayor and 
City Council of Baltimore City a salary of one thousand dollars 
per annum, payable monthly, and shall attend at such times and 
places and perform such duties as may be directed by said justice, 
and shall be removable by him at his discretion. Wlienever 
any minor is arrested, he may be taken to such place other than 
a station-house as may be designated by said justice and pro- 
vided by the Superintendent of Public Buildings or the Mayor 
and City Council of Baltimore; but, in the absence of such desig- 
nation, such minor may be held at a station-house as hereto- 
fore until brought before the justice ; and when such justice 
shall commit any minor for trial or for hearing, he may commit 
such minor to a suitable juvenile institution or other suitable 
prison, instead of the Baltimore City Jail. The Board of 
Police Commissioners for the City of Baltimore shall designate 
two or more members of the police force to attend said justi(;e 
and execute his powers and directions. The Governor shall 
also appoint, by and with the advice and consent of the Senate, 
and if the Senate shall not be in session, by the Governor, from 
the City of Baltimore at large, an additional Justice of the 
Peace who shall be a member of the bar of the Supreme Bench 



313 

of Baltimore City, or the Governor may select from among 
the present Justices of the Peace of Baltimore City, who shall 
likewise be a member of the bar of said Supreme Bench, who 
shall receive from the Mayor and City Council of Baltimore 
City a salary of one thousand dollars per annum, payable month- 
ly, and whose jurisdiction and powers shall be the same as 
those conferred upon the Magistrate for Juvenile Causes and 
who shall be designated by the Governor to sit in said court 
in the absence by illness or otherwise and at other times upon the 
request of and in the place of the said Magistrate for Juvenile 
Causes. 

1912, ch. 482. 

623AA. The Magistrate for Juvenile Causes shall have, in 
addition to the powers and the authority vested in him by 
other sections of this article, the power and authority to enforce 
obedience to his orders and judgments by attachment and to 
inflict summary punishment for contempt of court by a fine not 
exceeding in any one case the sum of twenty dollars ($20) ; 
and said Magistrate for Juvenile Causes may make such rules 
and orders from time to time for the well-governing and regu- 
lating his Court and the officers and suitors thereof and under 
such fines and forfeitures as he shall think fit, not exceeding 
twenty dollars ($20) for any one offense; all of which fines 
shall go to the State; provided, however, that the power afore- 
said to punish for contempt shall not be construed to extend 
to any cases arising in the Court of said Magistrate for Juvenile 
Causes except the cases specifically set forth and provided for in 
section 4 of Article 26, of the Code of Public General Laws 
of Maryland as within the power of the several courts of the 
State to inflict summary punishments for contempt of Court, 

1876, ch. 28. P. L. L., (1888) Art. 4, sec. 608. 1912, ch. 823. 

624. Each of said Justices of the Peace, before entering 
upon the duties of his office, shall give to the State of Maryland a 
good and sufficient bond, with a surety or sureties to be approved 
by the judge of the Superior Court of Baltimore City, in the 
penalty of five thousand dollars ($5,000), with conditions that 
he will truly and faithfully discharge, execute and perform all 
and singular the duties and obligations of the office of Justice of 
the Peace, and that he will acctouut for and pay over to the Clerk 
of the Court of Common Pleas and to the Register of the City of 
Baltimore, respectively, all fines, penalties and forfeitures and 
all fees or the portion thereof, which he is bound to account for 
and pay over to said respective officers; and that he will faith- 



314 

fully and truly account for and pay over to the person or cor- 
poration entitled to receive the same, all money belonging to 
such person or corporation which may come into his hands as 
Justice of the Peace. 

As to liability of Justices of the Peace for official acts, see, Roth v. 
Shupp, 94 Md. 57. 

P. L. L., (1860) Art. 4, sec. 621. P. L. L., (1888) Art. 4, sec. 609. 

1912, ch. 823. 

625. It shall be the duty of the Governor, after the appoint- 
ment of the Justices of the Peace provided for in section 623, 
to select from the Justices of the Peace so appointed one Justice 
of the Peace who shall be known as "Presiding Justice of the 
Peace of the People's Court," and four other Justices of the 
Peace who shall be known as "Associate Justices of the Peace of 
the People's Court." Said Presiding Justice of the Peace of 
the People's Court shall receive from the Mayor and City Coun- 
cil of Baltimore a salary of $2,500 per annum, payable monthly, 
and each of said Associate Justices of the Peace of the People's 
Court shall receive from the Mayor and City Council of Balti- 
more a salary of $2,100 per annum, payable monthly, and said 
Justices shall receive no other compensation or fees whatever for 
the performance of any duties as justices of the peace. And 
said Justices shall sit for trial of cases on each day (except Sun- 
days and legal holidays) from the hour of 1 o'clock P. M., at 
such proper place in or near the Court House in Baltimore 
City as may be provided by the Mayor and City Council of 
Baltimore ; and one or more of said Justices, to be assigned by 
said Presiding Justice, shall be on duty from 9 :30 o'clock A. M. 
until 12 :30 o'clock P. M., for the purpose of issuing summons 
and performing any other duties, except the trial of cases. Cases 
may, however, be tried at any hour upon the joint consent of 
all the parties and of the Justice. 

For notes ou decisions relating to Justices of the Peace and powers 
conferred by sections 626 and 627, see, notes, pages 219 to 222 inclusive, 
Baltimore City Code (1879). 

This Act valid as to Justices. Provision as to Constables void. 
Levin v. Hewes, 118 Md. 624. 

But city may provide for the Constables by ordinance. 
Gould V. Baltimore, 119 Md. 534. 

1912, ch. 823. 

625A. It shall be the duty of said Presiding Justice of the 

Peace to assign for trial to himself or to one of said Associate 

Justices of the Peace, all cases removed to him as said Presiding 

Justice of the Peace under the provisions of section 627 of this 



315 

Article, or returnable before any Justice of the Peace of tlie 
People's Court, and generally to supervise the work of the said 
Associate Justices of the Peace and of the constables herein- 
before provided for. 

1912, ch. 823, 
625B. Each of the Justices of the Peace provided for in sec- 
tion 623 hereof, other than those specially provided for in sec- 
tions 623A, 625 and 630 to 638, inclusive, of this Article, shall 
receive from the Mayor and City Council of Baltimore a salary 
of $10.00 per annum, as full compensation for the performance 
by them of all duties of a civil, judicial nature ; but said Justices 
of the Peace shall have the right to charge and retain all fees 
arising from the taking of acknowledgments and affidavits. 

625C. Void. Levin v. Hewes, 118 Md, 624 

r. L. L., (1860) Art. 4, sec. 622. P. L. L., (1888) Art. 4, sec. 610. 
1894, ch. 132. 1914. ch. 332. 

626. ISTo Justice of the Peace, in any case of debt or dam- 
ages whatever, shall issue a summons except on application for 
the same, in writing, by the plaintiff or his attorney, accom- 
panied with the bond, bill of exchange, promissory note or other 
writing or account, or by a copy of such bond, bill of exchange, 
promissory note, or other writing or account, by which the de- 
fendant is so indebted ; or if the action be brought upon a verbal 
or implied contract, or for damages arising in any manner 
whatsoever, a statement of the particulars of the plaintift''s claim 
thereunder shall accompany the said written application ; and 
no Justice of the Peace shall issue an execution of any kind, 
except on application for the same, in writing, by the party 
entitled thereto or his attorney. 

State V. Carrick, 70 Md. 589. 

1868, ch. 375. P. L. L., (1888) Art. 4. sec. 611. 1894, ch. 132. 
1912, ch. 823. 1914, ch. 354. 

627. Every writ, warrant, summons or other process issued 
by any Justice of the Peace shall be made returnable before the 
Presiding Justice of the Peace of the People's Court, which 
said Presiding Justice of the Peace of the People's Court shall 
have the right to try any such case or to assign the same for 
trial to any other Justice of the Peace of the People's Court. 

P. L. L., (ISOO) Art. 4, sec. 624. P. L. L., (1888) Art. 4, sec. 612. 

1912, ch. 823. 

628. The said Justices of the Peace, other than the five 
Justices of the People's Court, when called out of their offices 



316 

for the purpose of taking acknowledgments and affidavits, may 
receive such compensation for their services, in addition to the 
fees prescribed by law, as the party requiring their services may 
allow them. 

629. Eepealed by Act of 1912, Chapter 823. 

1882, ch. 219. 1890, ch. 230. P. L. L., (1888) Art. 4, sec. 614. 1892, ch. 

651. 1894, ch. 197. 1896, ch. 131. 1898, ch. 123, sec. 630. 

1898, ch. 429. 1912, ch. 777. 

630. It shall be the duty of the Governor, after the appoint- 
ment of the Justices of the Peace provided for in section 623 
of this said Article 4, to select from the Jl^stices of the Peace 
so appointed a Justice of the Peace to sit at each station-house 
in the City of Baltimore, and in addition, two justices, or such 
other number of justices as may be by law hereafter provided 
for, of peace, to act at such times and places as is hereinafter 
provided for. Each justice so selected shall keep his office at 
the station-house for which he was appointed, and shall attend 
at such station-house from 8 o'clock A. M. until 10 o'clock A. M. 
on every day of the year except Sundays and legal holidays, 
and from 3 o'clock P. M. until 5 P. M. on every day except 
Sundays and legal holidays ; and upon every Sunday and legal 
holiday shall attend at the station-house for which he was ap- 
pointed from 9 o'clock A. M. until 11 o'clock A. M. (and for 
the purpose of this section Saturday afternoons shall not be 
considered legal holidays unless the whole of said Saturday may 
be a legal holiday), and at each of said respective sittings shall 
sit to hear, try and determine cases, and to perform all the 
duties which he is required by law to perform. The said re- 
spective Justices of the Peace, so selected to sit at any station- 
house in the City of Baltimore, shall transact no other business 
at such station-house except the business required of them, by 
the several sections of this sub-title of this Article, to be by 
them, respectively, performed at such station-house. The at- 
tendance at any such station-house of an additional Justice of 
the Peace shall be regulated and controlled by the Board 
of Police Commissioners for the City of Baltimore; but the 
Board of Police Commissioners in regulating the attendance of 
an additional Justice of the Peace at a station-house shall not as- 
sign any Justice of the Peace to said station-house, under this 
section or section 63Y of this said Article 4, other than a Justice 
of the Peace selected by the Governor to sit at a station-house 
in said city, as long as one of the said Justices of the Peace so 
assigned by the Governor shall be available for said purpose. 



317 

1892, ch. 651. P. L. L., (1S88) Art. 4, sec. 614A. 

631. When there is an arrest by an officer of the Police 
Department in the City of Baltimore of any person for viola- 
tion of an ordinance of the Mayor and City Council of Balti- 
more or a statute of the General Assembly of the State of JMary- 
land, punishable by fine and not by imprisonment, during the 
hours when the Police Magistrates are not at their respective 
station-houses, the police captain, lieutenant or other officer on 
duty and in charge of such station is hereby authorized and 
empowered to release for the next hearing before the Police 
Magistrate any person so arrested upon a deposit of an amount 
equal to the fine or costs or penalty imposed if found guilty, as 
surety for such appearance, and after the hearing the deposit is 
to be returned to the depositor if the complaint is dismissed, if 
otherwise it is to be appropriated as designated by law. 

Brish V. Carter, 98 Md. 452. 

18S2, ch. 615. 1894, ch. 281. P. L. L., (1888) Art. 4, sec. 615. 1890, ch. 
369. P. G. L., (1904) Art. 27, sees. 67A and 68. 1912, ch. 777. 

632. Each of said Justices of the Peace shall have power 
to hear, try and determine the case of every person who may 
be arrested and brought before him in the said City of Balti- 
more, charged with the violation of section 275 of Article 27 
of the Code of Public General Laws of 1888, title "Crimes and 
Punishments," and to hear, try and determine the cases of all 
persons arrested and brought before him, charged with any 
offense specified in sections 865 to 868, inclusive, of this said 
Article 4, or in sections 881 to 884, inclusive, of this said Arti- 
cle 4 ; and to hear, try and determine the cases of all persons 
brought before him charged with the violation of Chapter 351 
of the xVcts of 1898, or charged with any disturbance of the 
public peace; and to hear, try and determine the cases of all per- 
sons brought before him charged with assault or with assault 
and battery ; provided that no justice of the peace shall impose 
any fine exceeding $100 or any term of imprisonment exceeding 
one year, in any case of assault, or assault and battery, and to 
hear, try and determine all charges of carrying concealed 
weapons and all violations of section 4 of this act ; and to hear, 
try and determine all prosecutions or criminal proceedings for 
an act done or omitted to be done in the City of Baltimore, the 
doing of which act, or the omission to do which act, is or may be 
punishable under any act of assembly of this State or under any 
ordinance of the Mayor or City Council of Baltimore, by pecu- 
niary fine only, not exceeding one hundred dollars; to hear, try 
and determine the cases of all persons brought before him 



318 

charged with the violation of laws relating to hawkers and 
peddlers, and to hear, try and determine the cases of all persons 
brought before him charged with the offense of indecent expo- 
sure ; to hear, try and determine the cases of all persons brought 
before him for Sunday gaming, Sunday work, Sunday sales 
or Sabbath-breaking; and to hear, try and determine the cases 
of all persons brought before him charged with being a vagrant 
or with being an habitually disorderly person (not insane). 
But it shall be the duty of the said justice before proceeding to 
hear, try and determine any of the charges aforesaid, to inform 
the party or parties charged therewith of his or their respective 
rights to a jury trial ; and if a jury trial be prayed by the party 
or parties charged, or if the State's Attorney for said city shall 
before trial for the alleged offense pray a jury trial on the part 
of the State, the justice shall forthwith commit or hold the 
said party or parties to bail for trial in the Criminal Court of 
Baltimore, and endorse on the commitment or recognizance the 
fact of a jury trial having been prayed. It is hereby expressly 
provided that the said justice shall not have power to try and 
determine any violation of the Pul)lic General Laws of this 
State relating to licenses (except violations of laws relating 
to hawkers and peddlers heretofore mentioned), and shall not 
have power to try and determine any violation of section 682 
of this said Article 4, but shall cause all such offenders against 
the Public General or Local Laws to be committed or held to 
bail for trial in the Criminal Court of Baltimore. 

Lancaster v. State, 90 Md. 211. 

Trials before Justices of the Peace. 

As to waiver of a jury trial before a Justice of the Peace and construc- 
tion of Acts 1890, ch. 369 and 1894, ch. 281, see, State ex rel. Lancaster 
V. Hall, Daily Record, June 28, 1899. 

As to discretion of a Justice of the Peace concerning punishment in 
cases of assault, see, State v. Hebron, Daily Record, September 3, 1903. 

A commitment by a Justice of the Peace imposing an excessive pen- 
alty where accused was committed to House of Correction was held void 
only as to excessive part of penalty, Adams v. Superintendent of House 
of Correction, Daily Record, April 3, 1903. 

The Act 1898, ch. 167, was held to be constitutional in re, Loane v. 
Affelder, Daily Record, July 2, 1898. 

As to appeals from magistrates' judgments and trial of same, see, 
Messick v. State, 82 Md. 583. Judefind v. State, 78 Md. 510. As to 
right of jury trial in appeals from magistrates' decisions, see, Danner v. 
State, 89 Md. 220. As to jurisdiction of magistrates, see. Roth v. State, 
89 Md. 524. 

What constitutes a waiver of Jury trial. 

Baum V. Warden of City Jail, 110 Md. 579. 



319 

1912, ch. 777. 
632A. In all cases in wliicli any person is tried and com- 
mitted before any Jnstice of the Peace assigned to any of tlie 
police stations in the City of Baltimore, and sentenced by him to 
any imprisonment (other than imprisonment in default of pay- 
ment of fines) or to any fine of over $50 (exclusive of costs), 
he may within ten days after sentence, exclusive of the day 
of sentence, pray an appeal to the Criminal Court of Baltimore 
upon waiving his right to plead on the trial of said appeal in 
said Criminal Court, his former jeopardy resulting from his 
said trial and conviction before said justice, no formal waiver 
of said right to plead said former jeopardy shall be necessary; 
and a prayer for an appeal under this section to said Criminal 
Court shall be construed as a waiver of said right to plead said 
former jeopardy, and in the event of such appeal being so 
prayed, the said justice shall forthwith endorse on the com- 
mitment the fact of an appeal being prayed, together with a list 
of the names and addresses of the witnesses for the State, and 
forthwith transmit the papers, together with a copy of the com- 
mitment, with the names and addresses of the witnesses for the 
prosecution endorsed thereon, to the office of the Clerk of the 
Criminal Court of Baltimore, and the said person shall there- 
afterward be tried de novo in the Criminal Court of Baltimore, 
in the same manner as if the said case had been originally 
brought before the said court without the necessity of present- 
ment or indictment by the grand jury; and the said court, upon 
said trial de novo, may impose any sentence avithorized by law 
to be imposed as punishment for the offense charged irrespective 
of the sentence imposed by the Justice of the Peace below, pro- 
vided, however, that the trial in the Criminal Court of Balti- 
more shall be by jury, if demanded by the party charged ; pro- 
vided further that upon the trial in the Criminal Court of Balti- 
more of such appeals under this section, the same fees and costs 
shall be taxed in said cases on appeal as would obtain in like 
cases where trial is had upon presentment and indictment by 
the grand jury ; provided, further, that no appeal shall be prose- 
cuted under this section after payment of the fine or after 
expiration of the sentence imposed by the justice. And, in case 
of appeal prosecuted under this section, the convicted party shall 
be entitled to be admitted to bail for his appearance in the 
Criminal Court of Baltimore, pending the hearing of such ap- 
peal, upon furnishing surety to be fixed by the said justice for 
his appearance in the Criminal Court of Baltimore, or upon 
furnishing such surety for his said appearance as the Criminal 
Court of Baltimore may require. 



320 

1912, ch. 777. 

632B. In all cases in which the convicted person shall have 
the right of appeal to the Criminal Court of Baltimore, under 
said section 632A, said convicted person personally or by his 
agent or attorney may, if committed to jail, notify in writing 
warden of the Baltimore City Jail, or if committed to the House 
of Correction, the superintendent of the Maryland House of 
Correction, of his desire to pray an appeal to the Criminal 
Court of Baltimore from the judgment of said Justice of the 
Peace (and no formal prayer for appeal shall he required beyond 
a statement in writing indicating an intention on the part of 
the said convicted person to appeal from sentence imposed upon 
him) ; and upon receipt of said notice or prayer for appeal by 
the said warden of the Baltimore City Jail or said superinten- 
dent of the Maryland House of Correction, the person so re- 
ceiving the same shall endorse thereon the time of such receipt 
by him, forthwith transmit by mail or otherwise said order of 
appeal, together with a copy of the commitment in said case, to 
the said Justice who has sentenced the said person ; and said 
Justice, upon receipt of said order or prayer for appeal, shall 
endorse thereon the date of its receipt by him and transmit to 
the Criminal Court of Baltimore a copy of the commitment 
of the said Justice in said case, with a list of the names and 
addresses of the witnesses for the prosecution endorsed thereon, 
together with said order or prayer for appeal. 

1912, ch. 777. 

632C. In all cases in which the convicted person is entitled 
to an appeal under said section 63 2 A, and fails to prosecute 
his appeal within the time provided in said section, it shall there- 
inafterward conclusively presumed that the said Justice in- 
formed the said party charged of his right to a jury trial in 
said case, and that the said party waived the same. 

1912, ch. 777. 

632D. In all cases in which any said Justice of the Peace 
assigned to any station-house in Baltimore City may impose 
as a penalty for the crime any sentence of imprisonment, the 
said Justice may in his discretion, impose imprisonment either 
in the Baltimore City Jail or in the Maryland House of Cor- 
rection ; but in all cases in which the said imprisonment is im- 
posed only in default of the payment of fine or costs, the said 
imprisonment shall be only in the Baltimore City Jail. 



321 

1912, ch. 777. 
632E. Wlienever application is made iTpon oatli before any 
Justice of the Peace, assigned to any of the station-houses in the 
City of Baltimore for the issuance of a warrant for the arrest 
of any person or persons charged with the violation of any ordi- 
nance of the Mayor and City Council of Baltimore, the viola- 
tion of which ordinance is punishable by a pecuniary line only 
of not more than $100, the said Justice of the Peace may, in his 
discretion, instead of then issuing said warrant, issue a summons 
to the person for whom the said warrant is asked, to show 
cause before him on the day when said summons is made return- 
able why the said warrant should not be issued. 

1912, ch. 777. 

632F. In all cases where application is made to any Justice 
of the Peace assigned to any station-house in the City of Balti- 
more, for a warrant for the arrest of any person charged with 
the commission of a bailable offense, it shall be the duty of the 
said Justice of the Peace before issuing said warrant to deter- 
mine the amount of bail to be required in the case of the person 
so charged ; and the said Justice of the Peace before issuing said 
warrant shall also endorse upon said warrant the amount of bail 
so determined as aforesaid. Wlien any person shall be arrested 
and brought to any station-house in the City of Baltimore, under 
a warrant so endorsed as aforesaid, during the absence of the 
Justice of the Peace assigned thereto, the police captain, lieu- 
tenant or other police officers, in charge of said station-house, 
shall release for the next hearing before said Justice of the 
Peace, such person so arrested as aforesaid, upon his furnishing 
security for his appearance at said hearing in double the amount 
endorsed upon said warrant. The Justice of the Peace aforesaid 
may at any time change the amount of required bail, so deter- 
mined and endorsed as aforesaid and shall in such case endorse 
such change upon said warrant if then accessible to said Justice, 
and if not, then endorse the same upon said warrant upon the 
return of said warrant, but in no case where the offense charged 
is punishable by fine alone and not by imprisonment shall the 
Justice at any time determine and endorse upon the warrant an 
amount of required bail greater than the maximum fine im- 
posed by law for the commission of the offense charged. .Noth- 
ing in this section shall be construed as inconsistent with sec- 
tion 631 of Article 4 of the Public Local Laws of Maryland, 
entitled "City of Baltimore," sub-title "Justices of -the Peace 
and Constables," as repealed and re-enacted with auicndmenta 
by Chapter 123 of the Acts of 1898. 

(12) 



322 

1912, cli. 777. 

632Ct. Any police justice of the City of Baltimore shall have 
the right to issue a summons for the attendance of any witness 
in any case under consideration by said justice, pursuant to the 
provisions of section 632, and upon the failure of any person 
to attend said station-house in response to said summons at the 
time and place mentioned in said summons, he shall be liable, 
in the discretion of the said police justice, to a fine not exceed- 
ing $5.00 for his non-attendance in response to the said sum- 
mons, which fine shall be collected as other fines are collected, 
provided, however, the proof shows that a written or printed 
notice of said summons was duly delivered to the said witness 
in person 'by some one duly authorized under the law to summon 
witness in such case. 

1912, ch. 777. 

632H. The said several Justices of the Peace, assigned to the 
station-houses in Baltimore City, shall have the right to pre- 
serve order and decorum when sitting at the said station-houses 
in the discharge of their duties as such police justices, and shall 
have the right to punish any breach of order or decorum com- 
mitted in their presence, by a fine not exceeding $10.00, to be 
collected as other fines are collected. Provided, that in all cases 
where fine is imposed under this section the party on whom the 
said fine is imposed, if he feels aggrieved thereby, may within 
three days (exclusive of the date of the imposition of said 
fine) appeal to the Criminal Court of Baltimore from the action 
of the said police justice in such case ; and pending the hearing 
of said appeal, shall give surety for his appearance in the 
Criminal Court of Baltimore in a sum to be fixed by the said 
justice, which sum shall not be in excess of twice the amount of 
said fine imposed ; and the person, on whom such fine is imposed 
under this section, shall at his option, instead of furnishing 
surety for his appearance, have the right, pending his appeal, 
to deposit with the justice a sum in cash double the amount 
of the fine imposed, as collateral security for his appearance 
in the Criminal Court of Baltimore on said appeal. Provided, 
no appeal shall be allowed under this section after payment of 
the fine, but deposit of cash, as such collateral security in double 
the amount of the fine shall not be construed to be a payment 
of the said fine, 

1882, ch. 219. P. L. L., (1888) Art. 4, sec. 616. 

633. In all criminal prosecutions or proceedings which, 
under the provisions of the preceding section, may be heard, 



323 

tried and determined before a Justice of the Peace sitting at a 
station-house in the City of Baltimore, it shall be the duty of 
such Justice of the Peace before whom such case is tried, in the 
event of the conviction of the accused at the said trial, to impose 
upon the said accused so convicted, the fine, or the fine and 
punishment prescribed in case of such conviction by the Act of 
Assembly of this State, or by the ordinance of the Mayor and 
City Council of Baltimore, for the violation of which the 
accused was so tried. Any person sentenced to the payment of 
any fine, and to the payment of the costs of his prosecution, who 
shall not forthwith pay the said fine and the costs of said 
prosecutio]!, shall be committed by such Justice of the Peace to 
the jail of Baltimore City until such fine and costs are paid, or 
until the said person shall be discharged from such jail by the 
due course of law. 

1882, ch. 219. P. L. L., (1888) Art. 4, sec. 617. 

634. When a person charged with any oft'ence referred to in 
this sub-division of this Article, or the State's Attorney, shall 
pray a jury trial, the Justice of the Peace shall, in addition to 
his duties prescribed in section 632, endorse upon said commit- 
ment or recognizance the names and residences of the witnesses 
for the prosecution; and such commitment or recognizance so 
endorsed shall be returned forthwith to the Clerk of the said 
Criminal Court of Baltimore. 

1876, ch. 28. P. L. L.. (1888) Art. 4, sec. 618. 

635. The Justice of the Peace, so selected to sit at any sta- 
tion-house, may be changed from time to time by the Governor, 
at his discretion, and any other Justice of the Peace may be 
selected by the Governor to perform the said duties at said 
station-house. ■ 

1876, ch. 28. P. L. L., (1888) Art. 4, sec. 619. 

636. Each Justice of the Peace selected to sit at a station- 
house in the City of Baltimore shall receive the sum of one 
hundred and seventy-five dollars per month, or a proportionable 
part thereof, so long as he shall continue to act at a station- 
house in said city, under the selection of the Governor; which 
sum of money shall be paid to him by the City Tiogistcr at the 
end of each month of his said service, or a proportionable part 
thei-eof, at the end of any portion of a month at which the ser 
vice of such Justice of the Peace at said station-house may ter- 
minate, upon the certificate of the Board of Police Commis- 
sioners of Baltimore City, that such service has been rendered 



324 

under the appointment of the Governor as aforesaid; and no 
Justice of the Peace selected for a station-house shall be per- 
mitted to charge any fee, or receive any gratuity for granting 
any release, or for the performance of any duty required by 
law. 

1880, eh. 461. P. L. L., (1888) Art. 4, sec. 620. 

637. If any Justice of the Peace who has been selected as 
aforesaid to sit at any station-house in the City of Baltimore is 
unable, by reason of sickness or other unavoidable cause, to 
attend to his duty at said station-house, or fails to attend at said 
station-house, at any time, when his presence is there required, 
it shall be the duty of the Board of Police Commissioners of 
Baltimore City to require another Justice of the Peace to per- 
form the duties at said station-house, of the said Justice of 
the Peace so sick or absent ; and it shall be the duty of the 
Justice of the Peace so required to perform said duties at said 
station-house, to perform the same so long as may be necessary, 
or until the Governor shall select another Justice to perform 
said duties ; the Justice of the Peace so required to perform 
said duties at said station-house, by the said Board of Police 
Commissioners, in place of the Justice selected by the Gover- 
nor, shall receive six dollars per day for every day he shall 
actually serve at such station-house ; which pay shall be deducted 
from the pay provided to be paid to the Justice selected to sit 
at such station-house and failing to attend ; provided, that said 
pay of the said Justice who may sit in the absence of the Justice 
so selected to sit at any station-house, shall not be deducted 
from the pay of the said last-named Justice, if the said Board 
of Police Commissioners shall certify that such absence was by 
reason of his necessary attendance upon any court or Justice 
of the Peace of said State, under its process, nor when such 
absence shall not exceed fifteen days in the course of any one 
year, and when the said Board of Police Commissioners shall 
certify that such last-named absence, not exceeding fifteen days, 
as aforesaid, was occasioned by sickness or other unavoidable 
cause. 

1888, ch. 336. P. L. L., (1888) Art. 4, sec. 621. 

638. The said station-house Justices are granted a leave 
of absence, with pay, for fifteen days during each and every 
year; and the Board of Police Commissioners are authorized 
to designate one of the civil magistrates to act in their place 
during said absence, who shall be paid the same as the station- 
house Justices receive. 



325 

18TG, ch. 2S. P. L. L., (ISSS) Art. 4, sec. 622. 

639. Xo Justice of the Peace appointed under the provi- 
sions of section 623 shall be paid by the City of Baltimore any 
fee for issuing any State writ, or for any search warrant, or 
for taking the recognizance of any witness, or for taking any 
recognizance in any case reported to court, or for any commit- 
ment or release, or for issuing any subpoena in any criminal 
case, or in any case instituted to recover any fine, penalty or 
forfeiture claimed by the State of JMaryland, or by the Mayor 
and City Council of Baltimore ; and no police otficer or con- 
stable shall be paid by the ]\Iayor and City Council of Balti- 
more any fee for the service of any subpoena or process in any 
criminal case, before any Justice of the Peace, or for service 
of any subpoena or process in any case pending before any Jus- 
tice of the Peace, for the recovery of any fine, forfeiture or 
penalty by the State of Maryland or by the Mayor and City 
Council of Baltimore. 

1876, ch. 28. P. L. L., (1888) Art. 4, sec. 623. 

640. It shall be the duty of the officers of police, police- 
men and detectives appointed by the Board of Police Commis- 
sioners of Baltimore City, to serve and execute any and all 
writs, warrants, subpoenas and commitments, which may be is- 
sued by any Justice of the Peace selected to sit at the station 
houses in the City of Baltimore as hereinbefore provided. 

1876, ch. 28. P. L. L., (1888) Art. 4, sec. 624. 

641. Whenever any Justice of the Peace appointed under 
the provisions of this sub-division of this Article other than 
one of the Justices selected as aforesaid to sit at a station- 
house as aforesaid, shall issue a State writ for the a^'rest of 
any person, or shall issue any writ or summons against any 
person or corporation to recover any fine, penalty, or forfeiture, 
under any law of this State, or under any ordinance of the 
Mayor and City Council of Baltimore, such writ or summon? 
shall be made returnable before one of the Justices of the 
Peace selected by the Governor to sit at a station-house in the 
City of Baltimore, and shall not be made returnable before the 
Justice of the Peace issuing the same, unless he be one of the 
Justices of the Peace selected to sit at a station-house as afore- 
said. 

1876, ch. 28. p. L. L.. (1S88) Art. 4, sec. 62.5. 

642. Whenever any person shall be ai-i-cstcd ii])()ii any ci'iiiii- 
nal charge, or for the violation of any hiw (if tliis State, or of 
any ordinance of the Mayor and ('ity ('oiiiicil of Halt inioi-c, it 



326 

shall be the duty of the police officer or constable making such 
arrest, or in whose custody the said person so arrested may be, 
to take the person so arrested before the Justice of the Peace 
sitting at a station house who may have issued the writ or 
warrant for such arrest, or before whom such writ or warrant of 
arrest is made returnable; but if such arrest is made without 
writ or warrant, or if such writ or warrant is made returnable 
before another Justice than a Justice of the Peace sitting at a 
station house, it shall be the duty of the said police officer or 
constable to take the person so arrested to the nearest station 
house ; and the Justice of the Peace sitting at said station house 
shall take jurisdiction in said case. 

Police Justice has no jurisdiction to try violations of the motor vehicle 
A<?t. Ruggles V. State, 120 Md. 556. 

1876, ch. 28. P. L. L., (1888) Art. 4, sec. 626. 

643(. Every Justice of the Peace appointed under the pro- 
visions of this sub-division of this Article, shall file with the 
Clerk of the Court of Common Pleas, on the first day of April, 
July, October and January, in each and every year, an account 
verified by his oath or affirmation, of all fines, forfeitures and 
penalties imposed by him under the laws of this State, during 
the three preceding months ; which said account shall show the 
names of the respective defendants, the Acts of Assembly under 
which said fines, forfeitures and penalties were respectively 
imposed, and the amounts paid in each case by the said re- 
spective defendants ; and the said Justice of the Peace, at the 
time of filing said account shall pay over to the said clerk the 
amount of said fines, penalties and forfeitures so received, or 
the portion thereof to which the State of Maryland is entitled, 
to be accounted for by said clerk as other moneys of the State 
are accounted for by him. 

1876, ch. 28. P. L. L., (1888) Art. 4, sec. 627. 

644. Every Justice of the Peace appointed under the pro- 
visions of this sub-division of this Article shall file witli the 
City Register, on the first day of April, July, October and 
January in each and every year, an account verified by his oath 
or affirmation, of all fines, forfeitures and penalties imposed by 
him under the ordinances of the Mayor and City Council of 
Baltimore during the three preceding months ; which said 
accounts shall show the names of the respective defendants, the 
ordinances under which said fines, penalties or forfeitures were, 
respectively, imposed, and the amounts paid in each case by 



327 

said respective defendants ; and the said Justice of the Peace at 
the time of filing said account shall pay over to the said Register 
the amount of said fines, penalties and forfeitures so received, 
or the portion thereof to which the ]\Iayor and City Council of 
Baltimore is entitled, to be accounted for by said Register as 
other moneys of the said citv are accounted for bv him. 

187G, ch. 28. P. L. L., (1888) Art. 4, sec. 628. 

645. If any Justice of the Peace shall not have imposed or 
received any such lines, forfeitures or penalties, or any portion 
thereof, as are mentioned and described in the said two preced- 
ing sections, in the said three months preceding the time herein- 
before prescribed for filing said accounts, he shall file an affi- 
davit or affirmation to that effect at the time prescribed for 
filing said accounts. 

1876, ch. 28. P. L. L., (1888) Art. 4, sec. 629. 

646. All costs paid to any Justice of the Peace sitting at any 
station house shall be accounted for and paid by said Justice to 
the Board of Police Commissioners of Baltimore City, to be by 
them applied as directed by section 750 of this sub-division of 
this Article. 

P. G. L., (1860) Art. 18, sec. 25. P. L. L., (1888) Art. 4, sec. 630. 

647. It shall not be lawful for the Justices of the Peace of 
the City of Baltimore to take supersedeas of any judgment 
recovered in the Court of Common Pleas, the Superior Court 
of Baltimore City, or Baltimore City Court, or any decree of the 
Circuit Court or Circuit Court Number Two of Baltimore City, 
but such supersedeas shall be taken by the clerks of said courts 
respectively. 

1864, ch. 179. 1870, ch. 39. P. L. L., (1888) Art. 4, sec. 31. 1912, 

ch. 823. 1914, ch. 242. 

648. if any -Justice of the Peace in Baltimore City dies, 
resigns or is removed, or upon the expiration of his official 
term, his docket and papers shall be delivered to the Clerk of 
the City Court within thirty days thereafter; provided, how- 
ever, that this section shall not apply to any of the five Justices 
of the Peace assigned to the Peoples' Court, whose dockets and 
papers shall be retained in the custody of the Chief (Vmstable. 
Any Justice of the Peace of tlie Peoples' ("oui't iiuiy issue 
process upon any docket of any -Justice of the Peace in the 
ciistoflv of the said Chic^f (V)iistiibie that he might issue if the 
docket had been kept by liimscU', and shall have fnll power and 



328 

authority to complete any process that has been begun any time 
by any other Justice of the Peace of the Peoples' Court, and 
this power shall include the power of certifying to the records 
of any Justice of the Peace of the Peoples' Court by any of the 
other Justices of the Peace of said Court. 

1876, ch. 28. P. L. L., (1888) Art. 4, sec. 633. 

649. If any Justice of the Peace or constable appointed 
under the provisions of this sub-division of this Article be con- 
victed in a court of law, of any misdemeanor in office, his re- 
moval from said office shall be part of the sentence or judgment 
pronounced upon him by the said Court. No constable shall 
deputize any person to act in the service of any writ whatever 
for or i^ his behalf. 

LANDLORD AND TENANT. 

1888, ch. 487. 1890, ch. 327. P. L. L., (1888) Art. 4, sec. 634. 

650. Ill all cases of any demise or agreement for rental, 
express or implied, verbal or written, hereafter to be made of 
lands or tenements, whether real estate or chattels real, within 
the limits of the Cit}^ of Baltimore, for less term than three 
calendar months, the remedy of distress for rent due be and the 
same is hereby taken away and altogether superseded. 

1888, ch. 487. 1890, ch. 327. P. L. L., (1888) Art. 4, sec. 635. 

651. Whenever the tenant under any such demise or agree- 
ment of rental, express or implied, verbal or written, of lands or 
tenements, whether real estate or chattels real within the limits 
of the City of Baltimore, shall fail to pay the rent, thereunder 
when due and payable, it shall be lawful for the lessor to have 
again and re-possess the premises so rented. 

1888, ch. 487. 1890, ch. 327. P. L. L., (1888) Art. 4, sec. 636. 

652. Whenever any lessor shall desire to have again and re- 
possess any premises to which he is entitled under the provisions 
of the preceding section, he, or his duly qualified agent or attor- 
ney, shall make his written complaint under oath or affirmation, 
before any Justice of the Peace of the City of Baltimore, and 
describing therein in general terms the property sought to be 
had again and re-possessed as aforesaid, and also setting forth 
the name of the tenant to whom the same is rented, or his 
assignee or under tenant or tenants, with the amount of rent 
thereon due and unpaid ; and praying by warrant to have again 
and re-possess the premises, together with judgTiient for the 



329 

amount of rent dne and costs; and it shall therenpon be the 
duty of said Justice of the Peace forthwith to issue his sum- 
mons, directed to any constable of the City of Baltimore, and 
ordering him to notify said tenant, assignee or under tenant 
forthwith to appear before the said Justice of the Peace, at the 
trial to be held on the second day after the filing of said com- 
plaint, to show cause why the prayer of said lessor should not 
be granted as aforesaid, and the said constable shall forthwith 
proceed to serve said summons upon said tenant, assignee or 
under tenant in said premises, or upon his or their known or 
authorized agent, but if for any reason, neither said tenant, 
assignee or under tenant, nor his or their agent can be found, then 
said constable shall affix an attested copy of said summons con- 
spicuously upon said premises, and such affixing of said sum- 
mons shall, for the purposes of this sub-division of this Article, 
be deemed and construed a sufficient service upon all persons 
whomsoever. 

ISSS, ch. 4S7. 1890, ch. 327. P. L. L., (1888) Art. 4, sec. 637. 

653. If at the trial on the second day aforesaid, the Justice 
of the Peace shall be satisfied the interest of justice will be 
better served by an adjournment to enable either party to pro- 
cure his necessary witnesses, he may adjourn the trial for a 
period not exceeding one day, except by consent of all parties, 
and if at said trial or due adjournment thereof as aforesaid, it 
shall appear to the satisfaction of the Justice of the Peace be- 
fore whom said complaint has been made and tried as aforesaid, 
that the rent or any part of the rent for said premises is actually 
due and unpaid, then the said Justice of the Peace shall give 
judgment in favor of said lessor for the amount of rent found 
due, with costs of suit, and shall order that said tenant and all 
persons claiming or holding by or under said tenant shall yield 
and render up possession of said premises unto said lessor, or 
imto his duly qualified agent or attorney within two days there- 
after ; 'provided, however that if the said tenant, or some one for 
him, shall at said trial or due adjournment thereof as afore- 
said, tender the rent found to be due and unpaid, too'ether with 
the costs of said suit, the said complaint shall be entered satis- 
fied and no further proceedings sliall be had thereunder. 

1888, ch. 487. 1890, ch. 327. P. L. L., (1888) Art. 4, sec. 638. 

654. in case judgment shall be given in favor of said lessor 
ill rlic iiKiiiiicr aforesaid, and the tenant shall fail to comply 
with tlie r('(|uii'('nients of tli(! said order within two days afore- 
said, the said -Justice of the Peace shall, on or at any time after 
the expiration of said two days, issue his warrant, directed to 



330 

any constable of the City of Baltimore, that the lessor may 
elect, ordering him to cause said lessor to have again and re- 
possess said premises by putting him (or his duly qualified 
agent or attorney for his benefit) in possession thereof, and for 
that purpose to remove from said premises, by force if neces- 
sary, all the furniture, implements, tools, goods, effects or other 
chattels of every description whatsoever belong^ing to said 
tenant, or to any person claiming or holding by or under said 
tenant. 

18SS, cb. 487. 1890, ch. 327. P. L. L., (1888) Art. 4, sec. 639. 

655. The tenant may appeal from the judgment of the 
Justice of the Peace to the Baltimore City Court, at any time 
within two days from the rendition of such judgment; the 
tenant in order to stay any execution of the judgment, shall 
give a bond to the landlord with one or more securities, who are 
owners of sufficient leasehold or real estate in Baltimore City, 
with condition to prosecute the appeal with effect, and answer 
to the landlord, his executors, administrators, in all costs and 
damages mentioned in the judgment, and such other damages 
as shall be incurred and sustained by reason of said appeal ; the 
aforesaid bond shall not affect in any manner the right of the 
lessor to proceed against said tenant, assignee or under tenant 
for any and all rents that may become due and payable to the 
lessor after the rendition of said judgment. 

Appeals from Judgments of Justices of the Peace. From a judgment 
rendered under the Act 1888, ch. 487, an appeal will lie to the Baltimore 
City Court. 

Stewart v. Duvall, Daily Record, March 7, 1889. 

In connection with section 655, sec, Knell v. Briscoe, 49 Md. 420. 

1888, ch. 487. 1890, ch. 327. P. L. L., (1888) Art. 4, sec. 640. 

656. The fee and charges of the Justice of the Peace and 
constables under this Article shall be the followino; and no 
other: "First costs," to the Justice of the Peace for preparing 
the written complaint and taking the affidavit of the plaintiff 
thereto, twenty-five cents, and for issuing the summons to the 
tenant and preparing attested copy, twenty-five cents ; "second 
costs," for every judgment rendered where there is no trial, 
twenty-five cents; for every judgment rendered on trial, fifty 
cents, and ten cents additional for every witness sworn or ex- 
amined; "third costs," for preparing and taking the bond of 
tenant in case of appeal, twenty-five cents ; for the warrant for 
re-entry (in case it be issued), twenty-five cents; "first costs," 
to the constable for serving the summons, forty cents ; "second 



331 

costs/' for executing the warrant for re-entry, one dollar; and 
any Justice of the Peace or constable who shall charge or receive 
more than the actual fees prescribed for each specific act per- 
formed as the case proceeds, shall be deemed guilty of a misde- 
meanor, and on conviction thereof shall be subject to and pay a 
fine or penalty of not less than one hundred dollars or more tban 
three hundred dollars for each offence, one-half thereof for the 
use of the State, and the other half thereof to the person that 
shall first prefer the charge against such offender. 

15)14, ch. 331. 

656V2, In all cases of any demise or agreement for rental, 
express or implied, verbal or written, whether real estate or 
chattels real, within the City of Baltimore, except as provided 
in section 650 of this sub-title, distraint for rent shall be made 
only by the Sheriff or a constable of Baltimore City, and all 
warrants for such distraint shall be directed onlv to the Sheriff 
or a constable of Baltimore City. 

LAKCEK'Y. 

1900, ch. 739. 

656a. ^N"© person in the City of Baltimore shall purchase 
from a child or minor under the age of sixteen years any hard- 
ware, plumbing, gas or electric fixtures, tools, household uten- 
sils, books, ornaments, jewelry, poultry, or animals of any kind, 
unless the said child or minor under the age of sixteen vears is 
accompanied by his or her parent or guardian, or by some adult 
person known to the purchaser, who shall certify that the said 
child or minor under the age of sixteen years has come by the 
goods honestly, and has a right to sell the same. 

1900, ch. 739. 
656b. Any person offending against the preceding s(H'tions, 
and any person falsely certifying that he knows the child or 
minor under the age of sixteen, years has obtained the goods 
honestly, and has a right to sell the same, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be 
fined not more than two hundred dollars, or connnitted to jail 
for not more than six months, or fined and imprisoned as afore- 
said. 

1900, cli. 739. 

656c. Xothing in this Act shall in any way affect section 
371, Article 27, of the Maryland Code of rublic Ceiieriil haws, 
entitled "iieceiving Stolen Goods, Money or Securities." 



332 

LEGISLATIVE DISTKICTS. 
WAKDS. 

1898, ch. 10. 
656d. It shall be the duty of the Board of Svipervisors of 
Elections of Baltimore City to proceed forthwith to divide and 
lay off the City of Baltimore into twenty-four wards, to be each 
as regular and compact in form as may be practicable, and 
having according to the police census taken in December, 18U7, 
as nearly as may reasonably be practicable, equal population, 
and in such manner that no ward shall exceed or fall short by 
more than fifteen per cent, of the number of inhabitants ^ it 
would contain if it was so laid off as to include within its 
boundaries precisely one-twenty-fourth of the aggregate popu- 
lation of the city, and the said Board of Supervisors shall 
number the said wards from one to twenty-four consecutively. 

1898, ch. 10. . 
656e. When the said twenty-four wards are so laid out by the 
said Board of Supervisors of Elections of the City of Baltimore, 
as hereinbefore directed, it shall be the duty of the said board 
to make or cause to be made in a proper book, a careful descrip- 
tion of the boundaries of each of the said wards, so numbered 
as aforesaid, under its proper number, and after making a care- 
ful and exact copy of the same in another proper book, and 
after verifying the said original book and the said copy by their 
signatures, to deposit the original book in the clerk's office of 
the Superior Court of Baltimore City, and it shall be the duty 
of the said clerk of the said court, to record the same anions the 
Land Records of his office, and a copy of the description or de- 
scriptions contained in the said record of the boundaries of any 
one or more wards therein mentioned and described, shall be 
evidence of the boundaries of such ward or wards so laid out as 
aforesaid, and the copy of said original book so made and so 
verified, as aforesaid, by the said Board of Supervisors of Elec- 
tions of Baltimore City shall .alwavs be retained in the office of 
the said board among the records of the said board. 

1898, ch. 10. 
656f. When said book containing the said descriptions of 
the said wards of the City of Baltimore so laid out as aforesaid, 
has been deposited for record in the clerk's office of the Superior 
Court of Baltimore Cit.y, then the said wards, as in said book 
described, and laid, shall thereafter be deemed to be the several 
wards of Baltimore City. 



333 

1898, ch. 10. 

656i:'. It shall be the duty of the said Board of Supervisors 
of Elections to complete the said work of dividing the said City 
of Baltimore into wards, as provided by this Act, and of pre- 
paring the books showing such division as aforesaid and of de- 
positing for record the book showing such division as herein- 
before directed within thirty days after the passage of this Act. 

1898, ch. 10. 

656h. The said Board of Supervisors of Elections shall, after 
the said wards shall be laid oft" as aforesaid, proceed to divide 
each of said wards into a suitable number of election precincts, 
in the manner prescribed in section 124 of Article 33 of the 
Code of Public General Laws, as the same was amended and 
re-enacted by the Act of 1896, chapter 202, and by the Act of 
1904, ch. 254, provided, however, that the said Board of Super- 
visors of Elections shall not be required to have published more 
than one insertion of the advertisement of such precinct, or of 
the boundaries of such precinct, required by said section 124 of 
said Article 33 to be made. 

1898, ch. 10. 

656i. The said Board of Supervisors of Elections in the 
City of Baltimore shall cause maps to be made of the said new 
wards and precincts in the manner required by section 126 of 
Article 33 of the Code of Public General Laws, as amended and 
re-enacted by the Act of 1896, chapter 202. 

1898, ch. 123, sec. 0.57. 1901. ch. 8. 

657. The twenty-four wards, into which the City of Balti- 
more is now divided, shall be numbered as follows: The present 
first ward shall in future be known and numbered twenty-second 
ward ; the present second ward shall in future be known and 
numbered fourth wai'd; the present third ward shall in future 
be known and numbered fifth ward ; the present fourth ward 
shall in future be known and numbered third ward ; the present 
fifth ward shall in future be known and numbered second ward : 
the present sixth ward shall in future be known and numbered 
first ward; the present seventh ward shall in futui'c be known 
and numbered sixth ward; the present eiiilith ward shall in 
future be known imd nnnibered seventh ward ; the present ninth 
ward shall in future be known and numbered eighth ward; the 
j)resent tenth ward shall in future be known and nund)ered 
tenth ward; the ])resent eleventh ward slndl in future be known 



334 

and numbered ninth ward; the present twelfth ward shall in 
future be known and numbered twelfth ward ; the present thir- 
teenth ward shall in future be known and numbered eleventh 
ward; the present fourteenth ward shall in future be known and 
numbered seventeenth ward ; the present fifteenth ward shall in 
future be kno\\ai and numbered fourteenth ward ; the present 
sixteenth ward shall in future be known and numbered thir- 
teenth ward ; the present seventeenth ward shall in future be 
known and numbered fifteenth ward ; the present eighteenth 
ward shall in future be known and numbered sixteenth ward; 
the present nineteenth ward shall in future be known and num- 
bered twentieth ward ; the present twentieth ward shall in 
future be known and numbered nineteenth ward ; the present 
twenty-first ward shall in future be known and numbered eigh- 
teenth ward ; the present twenty-second ward shall in future be 
known and numbered twenty-first ward; the present twenty- 
third ward shall in future be known and numbered twenty-third 
ward ; and the present twenty-fourth ward shall in future be 
known and numbered twenty-fourth. 

BOUXDATilES OF LEGISLATIVE DISTRICTS. 

1894, ch. 435. 1901, ch. 8. 1902, ch. 602. 

657A. The first legislative district of Baltimore City shall 
be and consist of the wards as newly numbered by the Act of 
1901, chapter 8, from one to six, both inclusive, as said wards 
were laid out under the provisions of the Act of 1898, chapter 
10, approved Eebruary 19, 1898; and the second legislative 
district of Baltimore City shall be and consist of the following 
wards, as newly numbered by the Act of 1901, chapter 8, 
namely: seventh, eighth, ninth, twelfth, thirteenth and fifteenth, 
as said wards were laid out under the provisions of the Act of 
1898, aforesaid ; and the third legislative district of Baltimore 
City shall be and consist of the following wards as newly num- 
bered by the Act of 1901, chapter 8, namely: tenth, eleventh, 
fourteenth, sixteenth, nineteenth and twentieth, as said wards 
were laid out under the provisions of the Act of 1898 aforesaid, 
and the fourth legislative district of Baltimore City shall be 
and consist of the following wards as newly numbered by the 
Act of 1901, chapter 8, namely: seventeenth, eighteenth, twen- 
ty-first, twenty-second, twenty-third and twenty-fourth, as said 
wards were laid out under the provisions of the Act of 1898 
aforesaid. 



335 
COUNCILMANIC DISTRICTS. 

1901, ch. 8. 

657B. The First Councilmaiiic District shall be and consist 
of the wards as newlv numbered bv this Act from one to six, 
both inclusive, as said wards were laid out under the provisions 
of the Act of 1898 aforesaid; that the second Councilmanic 
District shall be and consist of the following wards, as newly 
numbered by this Act, namely : Seventh, eighth, ninth, twelfth, 
thirteenth and fifteenth, as said wards were laid out under the 
provisions of the Act of 1808, aforesaid; that the third Council- 
manic District shall be and consist of the following wards, as 
newly numbered by this Act, namely : Tenth, eleventh, four- 
teenth, sixteenth, nineteenth and twentieth, as said wards were 
laid out under the provisions of the Act of 1898, aforesaid; that 
the fourth Councilmanic District shall be and consist of the 
following wards, as newly numbered by this Act : Seventeenth, 
eighteenth, twenty-first, twenty-second, twenty-third and twen- 
ty-fourth, as said wards were laid out under the provisions of 
tiie Act of 1898, aforesaid. 

LICENSES. 

Billiards. 

1870, ch. 250. P. G. L., (1888) Art. 56 sec. 8. P. L. L., (1888) Art. 

4, sec. 641. 

658. A license may be granted to any person who may apply 
for permission to keep a billiard table, for which license there 
shall be paid the sum of fifty dollars, and for every additional 
billiard table kept by the same person, he shall pay a license of 
twenty-five dollars; provided, that all said additional tables 
shall be kept in the same apartment; and provided, that this 
section shall not apply to any billiard table kept for private use. 

Germania v. State, 7 M<1. 1. 
Under this section licen.ses are Issued hy the Clerk of the Court ot 
Coniinon IMeas, and the license fees payable to the State. 

Weber v. State, 116 Md. 402. 

1865, ch. .56. P. G. L.. (1888) Art. 56. sec. 0. P. L. L.. (1888) 

Art. 4, sec. 642. 

659. Any person keeping or exhibiting for use a billiard 
table, without first obtaining a license therefor, shall for each 
and every table so kept or exhibited, forfeit and pay the sum of 
five liinidred dollai's, oiic-lialf to the informer and the other half 
to the State. 



336 

P. G. L., (1860) Art. 56, sec. 8. P. G. L., (1888) Art. 56, sec. 10. 
P. L. L., (1888) Art. 4, sec. 643. 

660. jSTothing contained in the two preceding sections shall 
impair the right of the Mayor and City Council of Baltimore 
to impose a further tax on billiard tables. 

1910, ch. 694. 

660a. That no person shall engage in the business of private 
detective for hire or reward, whether for himself or as a mem- 
ber of or as an employee of any detective agency, firm or corpo- 
ration, or advertise or hold himself out as a private detective in 
the City of Baltimore without first having obtained license so 
to do. 

1910, ch. 694. 

660b. That every person intending to engage in the busi- 
ness of private detective, whether for himself or as a member 
of or as an employee of any detective agency, firm or corpora- 
tion in the City of Baltimore, shall present to the Board of 
Police Commissioners of Baltimore City a written application, 
duly signed and sworn to by such applicant. The Board of 
Police Commissioners, when satisfied from an examination of 
such applicant, and such further inquiry and investigation as it 
shall deem proper of the good character, competency and in- 
tegrity of such applicant, shall issue and deliver to such appli- 
cant a license to engage in the business of private detective, 
upon the applicant paying to the said Board of Police Commis- 
sioners the license fee or charge as hereinafter provided. The 
license granted pursuant to this Act shall expire at midnight of 
December thirty-first in each and every year, but may be re- 
voked at any time by the said Board ; the fee or charge for the 
license so granted as aforesaid shall be twelve dollars for the 
entire twelve months, and if the license is issued in any month 
after January one-twelfth shall be deducted from the charge 
above stated for each expired month, but not fraction of a 
month; the license fee or charge herein prescribed and paid 
shall be by the said Board applied to the use and benefit of the 
fund in its charge, created by law and known and accounted for 
as the Special Fund. 

1910, ch. 694. 

660c. That the person so licensed as aforesaid, when en- 
gaged in the business of detective, shall have and exhibit when 
called upon to do so, the license certificate prescribed and issued 
by the said Board of Police Commissioners, which certificate 



337 

shall be returned to the said Board on the expiration of the 
license or upon the demand of said Board. 

1910, ch. 694. 
660d. That any person who shall, without the license and 
certilicate hereinbefore designated, engage in the general busi- 
ness of a private detective, whether for himself or as a member 
of or as an employee of any detective agency, firm or corpora- 
tion in Baltimore City, or advertise or hold himself out as a 
private detective in the said city, or who shall violate any of 
the provisions of sections 1, 2 and 3 of this Act, shall be guilty 
of a misdemeanor, and upon conviction thereof shall be pun- 
ished by a fine of not more than one hundred dollars, or be 
imprisoned in the Baltimore City Jail for not more than six 
months, or by both fine and imprisonment, in the discretion of 
the Court or Justice of the Peace trying the same; provided, 
however, that nothing in this Act shall apply to any detective, 
officer or police or policeman in the regular police force of Balti- 
more City, nor to any employee of any corporation not chiefly 
engaged in the private detective business but which corporation 
employs detectives as an incident to its business. 

HORSE DEALERS. 

1884, ch. 446. P. L. L., (1888) Art. 4, sec. 647. 
661. It shall not be lawful for any person, co-partnership, 
firm, corporation, joint stock company, brokers, commissicm 
merchants, agents, factors or other association of persons, to 
engage in or carry on the business, trade, occupation or calling 
of bartering, buying, selling, exchanging or dealing in horses, 
mares, geldings, jackasses, jennies or mules, either as an indi- 
vidual, co-partnership, firm, corporation, joint stock company, 
commission merchant, agent, factor, broker or other association 
for said purpose, without first obtaining from the Clerk of the 
Court of Common Pleas of Baltimore City a license for carry- 
ing on said business, for which every such person, if he desires 
to carry on said business individually, or if a firm or associa- 
tion, composed of not more tlian two persons, or corporation, 
shall pay the sum of fifty dollars, provided, that all the names 
and places of business of said persons so applying shall be in- 
serted in said license; and if more tlinn two individuals consti- 
tute and compose any such firm, co-partnership, joint stock com- 
pany or association, then an additional sum of twonty-five 
dollars shall be paid for each and every other individual tluui 
the said two constituting such firm, co-partnershii), joint stock 



338 

company or association, of individuals; and provided, further, 
that the said business shall not be carried on in any of the 
streets, lanes and alleys of the City of Baltimore. 

1884, ch. 446. P. L. L., (1888) Art. 4, sec. 648. 

662. Any person, and the individual members of any co- 
partnership or firm, the stockholders of any joint stock company 
or corporation, and any commission merchant, agent, factor, 
broker, or the individuals of any other association of persons so 
engaged in or carrying on the business, trade, occupation or 
calling of bartering, buying, selling, exchanging or dealing in 
horses, mares, geldings, jackasses, jennies, or mules, who or 
which shall violate any of the provisions of the preceding sec- 
tion, shall be liable to indictment therefor, and upon conviction 
thereof shall be lined one hundred dollars for each and every 
offense, one-half thereof for the use of the State and the other 
half thereof to the informer ; provided, however, that nothing 
contained in this or the preceding section shall be construed to 
prevent breeders and owners of horses, mares, geldings, jack- 
asses, jennies or nmles, and owners residing in the counties of 
this State and doing business elsewhere than in the City of 
Baltimore, and all owners who do not follow the business, trade, 
occupation or calling of buying, vending, bartering, exchanging 
or dealing in horses, mares, geldings, jackasses, jennies or 
mules, from offering the same for sale, barter or exchange, or 
making sale of, bartering or exchanging such horses, mares, 
geldings, jackasses, jennies or mules, as they shall bring to the 
City of Baltimore, without a license; and nothing contained in 
this or the preceding section shall be held to apply to regularly 
licensed auctioneers in the Citv of Baltimore. 

1S84, ch. 446. P. L. L., (1888) Art. 4, sec. 649. 

663. Any person or body corporate, owning or renting from 
the owner or his agent, any building or enclosure within the 
corporation limits of Baltimore City, and using the same in 
buying, selling, trading, exchanging, bartering or dealing in 
horses, geldings, mares or mules, or using the same in exhibiting 
or exposing for sale, trade, exchange or barter, horses, geldings, 
mares or mules, shall be deemed to be engaged in the business, 
trade, occupation and calling of buying, selling, trading, ex- 
changing, bartering and dealing in horses, geldings, mares and 
mules, under the two preceding sections, and be held liable for 
a violation of any of its provisions. 



339 

IXSTALLATIOX OF ELECTRICAL APPARATUS 

AND WIRING. 

1906, ch. 244, sec. 1. 

663a. The Governor shall, within thirty (30) days after 
the passage of this Act, appoint a board which shall be knowTi 
as the Board of Examiners and Supervisors, consisting of five 
(5) persons, for the purpose of examining into the qualifications 
and capabilities of all persons who are engaged or desire to en- 
gage in the business of Master Electrician as defined in section 
5 of this x\ct. The board so appointed shall be competent practi- 
cal electricians of Baltimore City and shall be selected as fol- 
lows: two (2) from nominations made by the Electrical Con- 
tractors' Association of Maryland, one (1) from nominations 
made by the Chief of the Municipal Electrical Inspectors of Bal- 
timore City, one ( 1 ) from nominations made by the Association 
of Fire Underwriters of Baltimore City, and one ( 1 ) person re- 
siding in Baltimore City, who shall be a practical journeyman 
electrician who has served at the business for a period of not less 
than ten years and a majority of said Board shall constitute a 
quorum to transact the business thereof. The term of ofiice of the 
members of the first number so appointed shall be as follows: 
the nominee from the Underwriters Association, one (1) nomi- 
nee from the Electrical Contractors' Association, two (2) 
years; the nominee from the Municipal Inspector, one (1) 
nominee from the Electrical Contractors' Association, and the 
person at large two (2) years unless removed for cause. Should 
any vacancy occur from any cause during the term of any Board 
as herein provided, the Governor shall appoint some one from 
nominations made as above provided to fill such vacancy. The 
Governor shall have full power to remove any member of the 
Board for incompetency or improper conduct upon satisfactory 
evidence being presented to him of such condition. 

Sections 663a to 66:3q, inclusive, of tills codification, embody verbatim, 
respectively, sections 1 to 17. inclusive, of the Act 1!)06. ch. 244. The 
Act takes effect from the date of its passage and repeals inconsistent 
Acts. The caption assigned to the Act is intended to facilitate reference 
thereto. 

1906. ch. 244, sec. 2. 

6631 1. The members of said Board shall respectively take and 
subscribe the oath required by other State officers. They shall 
have power to elect out of their number, a President, Secretary 
and Treasiirer, to adopt such rules and by-laws for the transac- 
tion of business of the Board as they may dccin expedient. 



340 

1906, ch. 244, sec. 3. 
663o. Each member of said Board shall receive a compensa- 
tion of five dollars ($5.00) per day for actual service in attend- 
ing meetings of the Board, which compensation shall be paid out 
of any moneys in the hands of the Treasurer of said Board ; pro- 
vided, that the Secretary of said Board may receive such addi- 
tional compensation as the Board may deem just and reason- 
able, and for which the by-laws of the said Board may provide ; 
provided, however, that the compensation and expenses of said 
Board shall in no event, be paid out of the funds in the State 
Treasury or become a charge against the State. 

1906, ch. 244, sec. 4. 

663d. Said Board shall meet at least once in each month in 
Baltimore City, and shall hold special meetings as frequently 
as the proper and efficient discharge of its business shall require, 
and said Board shall adopt such rules and regulations for the 
examinations of j\l aster Electricians as herein defined, and for 
the placing, installing and operating electrical wires, ap- 
pliances, apparatus or construction in, upon and about buildings 
in the said City of Baltimore, and when so adopted, such rules 
and regulations shall have the same force and effect as if herein 
contained, and the rules of said Board shall also provide for the 
giving of timely notice of such meetings to all those who shall 
have made application for a license as herein provided, and said 
Board shall give in writing to the Chief of the Municipal Elec- 
trical Inspectors of Baltimore City a detailed statement of all 
the licenses issued, renewed or revoked at any meeting of said 

Board. 

1906, ch. 244, sec. 5. 

663e. The term Master Electrician, as used in this Act, shall 
be defined as and including any and all persons, firms and cor- 
porations engaged in business of, or holding themselves out to 
the public as engaged in the business of installing, erecting or 
repairing, or contracting to install, erect or repair electric wires 
or conductors, to be used for the transmission of electric current 
for electric light, heat, or power purposes, or mouldings, ducts, 
raceways or conduits for the reception or protection of such 
wires or conductors, or to any electrical machinery, apparatus, 
devices or fixtures to be used for electric light, heat or power 
purposes. A license of ''Master Electrician" issued and in 
accordance with the provisions of this Act, shall entitle any such 
person, firm or corporation so licensed to engage in the busi- 
ness of and to hold himself or itself out to the public as engaged 
in the business of installing, erecting and repairing and of con- 



341 

tracting to install, erect and repair any electric wires or con- 
ductors, etc. 

1906, ch, 244, sec. 6. 

663f . Before any person, firm or corporation shall hereafter 
engage in the business of a Master Electrician in Baltimore 
City, as defined in this Act, and before any person, firm or cor- 
poration now engaged in said business or any class thereof, 
shall continue in said business of Master Electrician, such per- 
son, firm or corporation shall apply to said Board for a license, 
as herein required, whereupon the applicant shall present him- 
self before the said Board at a time and place fixed by said 
Board. If the Board shall find upon due examination that the 
applicant presenting himself has a reasonable knowledge of 
electricity and the natural laws and functions of electric wires, 
appliances and devices for electric light, heat and power pur- 
poses, and is possessed of skill and of knowledge in all matters 
appertaining to the business of Master Electrician, as defined in 
section 5 of this Act, then the said Board, upon pa;\Tnent of the 
fee and upon executing the bond herein provided for, shall 
issue to the said person, firm or corporation a license as Master 
Electrician to practice said business for a term of one year; and 
shall register such person, firm or corporation as duly licensed 
Master Electrician; provided, however, no person, firm or cor- 
poration who shall have been engaged in the electrical contract- 
ing business in the City of Baltimore for a period of three (3) 
years prior to the passage of this Act, shall be required to take 
the examination as provided in this section, before the issuance 
of such license, and provided that no license shall be granted to 
any person under the age of twenty-one (21) years, nor shall 
any license be granted to any person who has not taken and 
subscribed an oath that he, or, in case of a corporation, the one 
managing the electrical work thereof, and in case of a firm, the 
one managing the electrical work, has had at least three (3) 
years actual experience as a Master Electrician within the 
meaning of section 5 of this Act, or as journeyman electrician 
in such class or classes of electrical business or work, as in the 
opinion of the Board, shall have properly fitted the applicant 
for a license as a Master Electrician. Any person whose appli- 
cation for a license shall have been rejected by said Board, shall 
have the right to appeal to a Board of Arbitration, which Kshall 
consist of one person selected by the person making tlie appeal, 
one person seleotoc] by thf' Board herein created, and these two 
to select a third person, and the decision of said Boai'd of 
Arbitration or a inaioritv of them shall lie linal and Ijindiuii; 



;j42 

upon all the parties to said appeal ; the members of said Board 
shall be paid the sum of five dollars ($5.00) each, which sum 
shall be deposited with the Board herein created by the person 
taking said appeal and if the said Board of Arbitration shall 
affirm the decision of the Board herein created, the money so 
deposited shall be used to pay said Board ; if, however, such 
decision be reversed, the said Board of Arbitration shall be paid 
out of the funds in the hands of the Board herein created, and 
said deposit of fifteen dollars ($15.00) shall be returned; pro- 
vided, further, that each applicant shall pay to the Treasurer 
of said Board of Electrical Examiners, the sum of twenty-five 
dollars ($25.00) for such license, and provided, further, that 
every person, firm or corporation before receiving- a license 
shall make, execute and deliver to said Board a good and suffi- 
cient bond to be approved by said Board, in the name of the 
State of Maryland, in the penal sum of one thousand dollars 
($1000.00) the bond to be conditioned upon the faithful per- 
formance of any and all work entered upon or contracted for by 
said Master Electrician, and to save harmless the owner, or real 
party in interest in the property for which any such material is 
furnished, or services performed against loss, damage and in- 
jury which shall arise through want of skill, or through the 
failure to use suitable or proper material in the performance of 
any work contracted for or undertaken by said Master Electri- 
cian, or his or its agents or employees, and an action may he 
maintained thereon in the name of such owner or real party in 
interest only, if commenced within one ( 1 ) year from and after 
the date of the installation of the materials furnished or per- 
formance of such work or service. 

1906, ch. 244, sec. 7. 

663g. Each and every license issued under the provisions of 
this Act shall be evidence in any Court of the city named herein 
of the business for which the license issued for a period not 
to exceed one (1) year from the date thereof. All licenses and 
renewals of same shall expire on the first day of May in each 
year. 

1906, ch. 244, sec. 8. 

663h. No person, firm or corporation granted a license 
under the provisions of this Act shall install or repair electrical 
wires, conductors or apparatus for electric light, heat or power 
purposes after the expiration of said licenses, or after said 
license shall have been revoked as herein provided, unless the 
said license or renewal of same shall have been renewed as 



i I 



343 

herein provided; provided, that any person, firm or corpora- 
tion so granted a license under the provisions of this Act, (unless 
the said license shall have been revoked as hereinafter provided), 
shall be granted a renewal of said license without examination 
of the applicant, provided, application is made to the said Board 
by the holder of such license within the three months preceding 
the expiration of such license, upon payment of a fee of ten 
dollars ($10.00), and the said renewal of said license shall be 
for a period of one (1) year, and any such renewal of such 
license shall have the same weight as evidence in any Court of 
this State as hereinbefore provided for said original license; 
provided also, that one year renewals shall be granted in like 
manner upon expiration of any renewal of license upon making 
like application and paying like fee, within three months pre- 
ceding the expiration of said renewal. 

1906. ch. 244, sec. 9. 

663i. Said Board shall have full power to revoke for proper 
cause any license or renewal of same after a full hearing of all 
parties in interest. 

1906, ch. 244, sec. 10. 

663 j. Each license and renewal of same shall be in force 
and effect only so long as an approved bond filed with the said 
Board in accordance with the provisions of this Act shall remain 
in full force and effect, and every such license or renewal of 
same shall become utterly void and of no effect, should any such 
bond for any reason whatsoever become inoperative or inef- 
fective, regardless of the regular date of expiration of said 
certificate, license or renewal. 

1906, ch. 244, sec. 11. 
663k. Any and all persons granted a license or renewal of 
same shall display the same in a conspicuous place in the office 
or place of business of such licensee. 

1906, ch. 244, sec. 12. 
6631. Nothing in this Act shall be construed to prevent any 
person from doing or performing any of the kinds of work 
enumerated in section 5 of this Act, pro\'ided that such work 
is performed under tlic direction and s\ipervision of a duly 
licensed .Master Electrician ; but no such work, other than minor 
electric repairs for the maintenance of established phi iits, shall 
be performed excepting under such direction and supervision of 
a (Inly licensed Master Electrician, and the said licensed electri- 
cian shall bo responsible for any and all work so done nnder his 
direction and sn jxjrvision. 



344 

1906, ch. 244, sec. 13. 

663m, Any person, firm or corporation who shall practice or 
engage or continue in the work of a Master Electrician without 
having complied with all the provisions of this Act, and any 
person not licensed as Master Electrician, who shall do or per- 
form any such work except under the direction of a Master 
Electrician, and any person having been licensed as a Master 
Electrician and who shall fail to renew his license as herein 
provided, and shall do or perform any such work, or who shall 
violate any of the provisions of this Act, shall be guilty of a 
misdemeanor, and upon conviction thereof shall be sentenced to 
pay a fine of not less than twenty-five dollars ($25.00) nor more 
than five hundred dollars ($500.00) or to an imprisonment not 
exceeding ninety (90) days, or both, in the discretion of the 
Court, and any such conviction shall ipso facto revoke and 
annul any license that may have been issued to such person. 

1906, ch. 244, sec. 14. 

663n. 'No license or renewal of same granted or issued under 
the provisions of this x\ct shall be assignable or transferable, 
and every license and renewal of same shall specify the name 
of the person, firm or corporation to whom it is issued, and in 
the case of a firm, the member of said firm, and in the case of a 
corporation, the principal officer or the designated representa- 
tive of said corporation, through whom the application for the 
said license was made. 

1906, ch. 244, sec. 15. 

663o. All fees collected under the provision of this Act 
shall be for the use of said Board to defray its necessary 
expenses. 

1906, ch. 244, sec. 16. 

663p. It shall be the duty of the said Board before the first 
Monday of May of each year to make a report in writing to the 
Governor of the State, containing a detailed statement of the 
nature of the receipts and manner of expenditure, and any 
balance of money remaining at the end of the year, after pay- 
ment of expenses, shall be reserved by the treasurer of said 
Board to meet the expenses for the ensuing year. 

1906, ch. 244, sec. 17. 

663q. The provisions of this Act shall not apply to journey- 
men electricians or apprentices while such journeymen or ap- 
prentices shall be practicing their trade of journeyman electri- 



345 

cian or apprentice, nor to any electric light company, electric 
railway company, steam railway company, telegraph or tele- 
phone company doing such work in its own buildings, upon its 
own plants. 

LIQUOR AXD IXTOXICATIN^G DRINKS. 

SALE FORBIDDEN IN CERTAIN PLACES. 

1882. ch. 107. P. L. L., (1S8S) Art. 4, sec. 651. 
664. It shall not be lawful for the Clerk of the Court of 
Common Pleas to issue license to any person to sell spiritiTOUS 
or fermented liquors or lager beer at Mt. Vernon factories, or 
at any place within three-fourths of a mile thereof, or on Madi- 
son Avenue extended. 

As to power of Legislature to restrict sale of spirituous or fermented 
liquors in certain districts, sec, 

Parker v. State, 99 Md. 189. 

1864, ch. 206. P. L. L., (1888) Art. 4, sec. 652. 

665. It shall not be lawful for the Clerk of the Court of 
Common Pleas to issue a license to any person to sell spirituous 
or fermented liquors or lager beer at Woodberry factory, or at 
any place nearer thereto than three-fourths of a mile in every 
direction. 

1888, ch. 56. 1888, ch. 98, sec. 11. P. L. L., (1888) Art. 4, sec. 653. 

666. It shall not be lawful for the Clerk of the Court of 
Common Pleas to issue license to any person to sell spirituous 
or fermented liquors or lager beer in any part of the follow- 
ing district, to wit : In all that part of Baltimore City bounded 
on the east by Mount Royal terrace, on the south by !N^orth or 
Boundary avenue, on the west by Druid Hill avenue extended, 
and on the north by Druid Hill Park. 

1902, ch. 228. 1906, ch. 298. 

666a. It shall not be lawful for the Clerk of the Court of 
Common Pleas of Baltimore City to issue licenses to any per- 
son or persons or body corporate to sell spirituous or fermented 
liquors or lager beer nearer than three-fourths of a mile in all 
directions, from Walbrook public school, formerly known as 
annex school No. 15, in the City of Baltimore. 

1901. ch. 600. 

666b. It shall not be lawful for the Clerk of the Court 
of Common Pleas of Baltimore City, to Lssue license to any 



346 

person or persons or body corporate, to sell spirituous or fer- 
mented liquors or lager beer in any part of the following dis- 
trict, to wit: In all parts of Baltimore City lying or being 
within the following lines or limits: Beginning at the south- 
west corner of Oak street and Twenty-first street, and running 
thence north and bounding on the west side of Oak street to 
the northwest corner of Oak and Twenty-fourth streets, thence 
running east and bounding on the north side of Twenty-fourth 
street to the northeast corner of Twenty-fourth street and Guil- 
ford avenue, thence running south and bounding on the east 
side of Guilford avenue to the southeast corner of Guilford 
avenue and Twenty-first street, and thence running west and 
bounding on the south side of Twenty-first street, to the place 
of beginning. 

1904, ch. 626. 

666c. It shall not be lawful for the Clerk of the Court of 
Common Pleas of Baltimore City to issue to any person or per- 
sons, company, association or body corporate a license to sell 
any fermented or spirituous liquors or lager beer in any part 
of the following district, to wit : In all that part of Baltimore 
City beginning for the same at the intersection of the western 
line of Baltimore City and the south side of Edmondson Ave- 
nue, and thence running easterly along the south side of Ed- 
mondson Avenue to the westernmost side of Fifteenth »Street ; 
thence binding on the westernmost side of Fifteenth Street 
southerlv to its intersection with the southwesternmost side of 
Dorsey's lane ; thence southeasterly binding on the southwest- 
ernmost side of Dorsey's lane to its intersection with the north- 
westernmost side of Kossuth Street ; thence southwesterly along 
the northwesternmost side of Kossuth Street to its intersection 
with the southernmost side of Old Frederick Road ; thence south- 
easterly along the south side of Old Frederick Road to the west- 
ernmost boundary of the lot now improved by the Public School 
No. 66 ; thence southerly and binding for a part thereof on the 
westernmost boundary of said lot in a direct line to the south- 
ernmost side of Frederick Road ; thence southeasterly along 
the southernmost side of the Frederick Road to the easternmost 
boundary of the United States ISTational Cemetery; thence 
southerly and binding for a part thereof on the easternmost 
boundary of said cemetery to the southwesternmost side of the 
tracks of the Baltimore and Potomac Railroad ; thence south- 
westerly along the line of said tracks to the intersection of the 
same with the southern boundary line of Baltimore City ; thence 
westerly along said line to the western boundary line of said 



M7 

city; thence north binding on said last mentioned line to the 
place of beginning. 

1906. ch. 279. 

666(1. It shall not be lawful for the Clerk of the Conrt of 
Common Pleas of Baltimore City, to issue license to any person 
or persons, or body corporate, to sell spirituous or fermented 
liquors or lager beer, in any part of the following district, to 
wit : In all parts of Baltimore City lying or being within the 
following lines or limits : Beginning at the southeast corner 
of the intersection of the Western Maryland Railroad and the 
northern boundary of the city line, and running thence easterly 
bounding on the said city line to the western line of the North- 
ern Central Railroad ; thence southerly bounding on the western 
line of the Northern Central Railroad, to a point where the 
northern boundary of Druid Hill Park would intersect if con- 
tinued east to said point of intersection ; thence westerly bound- 
ing on the north side of Druid Hill Park and continuing the 
same course until the said line shall intersect the eastern side 
of the Western Maryland Railroad, thence northerly, bounding 
on the east side of the Western Maryland Railroad to the place 
of beginning. 

1906, ch. 780. 

666e. It shall not be lawful for the Liquor License Commis- 
sioners, or the Clerk of the Court of Common Pleas to issue 
licenses to any persons to sell spirituous, fermented liquors or 
lager beer in any part of the following districts : In all that part 
of Baltimore City bounded : Beginning at a point where Twenty- 
eighth Street extended westwardly would touch Jones' Falls, 
and running from this point eastwardly along the center line 
of Twenty-eighth Street as laid out, and extending said center 
line eastwardly to the center line of Calvert street, and thence 
northerly along the center line of Calvert Street, and contiiuiing 
said center line northerly to a point three hundred feet north of 
Alerryman's Lane and thence running paralh^l with ]\Ierry- 
man's Lane and throe hundred feet northerly fi-oni said Lane to 
the line of Cedar Avenue extended, thence westwardly on the 
south side of Cedar Avenue to Jones' Falls, and thence southerly 
along Jones' Falls to the point of beginning. 

1908. ch. mK 

666f. That it .sliall not be lawful fur ihc Ch'rk of the Court 

of Common Ploas of Baltimore City, or the Clerk of the Circuit 

Coui'f \'<>r l);iltiiiiore County, to issue to any person or persons, 

cotn[);iiiy, association or liody corporate, a litrensc to sell s))iritn- 



348 

ous or fermented liquors, or lager beer, in any and all parts 
of Baltimore City and in any and all parts of Baltimore County 
lying within fifteen hundred yards (1,500 yards) in any direc- 
tion from the public school at Forest Park, in Baltimore City, 
known as School N^o. 64, situated on Maine Avenue, the ISTew 
Liberty Road and Forest Avenue. 

ISOO, ch. 343. p. L. L., (1SS8) Art. 4, sec. 653A. 1894, ch. 86. 

667. No person shall offer for sale or keep for sale in the 
City of Baltimore any intoxicating liquors, except as herein- 
after provided ; but this shall not apply to sales made by a per- 
son under a provision of law requiring him to sell personal 
property, nor to sales of liquors, by wholesale, nor to sales by 
the maker, brewer or distiller thereof, nor to sales by bottlers 
of fermented liquors, nor to be drunk on the premises ; save and 
except as hereinafter specially provided in reference to whole- 
sale dealers and jobbers, brewers, distillers and bottlers, in 
section 688, wherein the rights and duties of said classes of per- 
sons are set forth and defined. Wherever the term intoxicating 
liquors is used in this sub-division of this Article, it shall be 
deemed to include whiskey, brandy, rum, gin, wine, ale, beer 
and all other fermented and distilled liquors, every mixture 
of liquors which shall contain more than two per cent, by weight 
of alcohol, and every mixture of liquors which shall contain 
less than two per cent, of alcohol if the same shall be intoxi- 
cating. Nothing in this sub-division of this Article shall be 
construed to authorize the sale of any intoxicating liquor or 
any admixture thereof in any part of said city where such 
sale is or shall hereafter be prohibited by special law. 

State V. Stiefel, 74 Md. 546. Trageser v. Gray, 73 Md. 251. 

1890, ch. 343. 1892, ch. 13. P. L. L., (1888) Art. 4, sec. 653B. 

668. The Governor, by and with the advice and consent of 
the Senate, shall appoint three persons who shall constitute a 
Board of Liquor License Commissioners for Baltimore City, 
who shall hold office for two years, and until their successors 
are appointed and qualified; and their duties shall be such as 
hereinafter described ; provided, however, that the Liquor 
License Commissioners appointed in April eighteen hundred 
and ninety, shall continue in office until the expiration of the 
term for which they were appointed. 

Trageser v. Gray, 73 Md. 251. 



349 

1890, ch. 343. P. L. L., (18S8) Art. 4. sec. 653C. 1900, ch. 704. P. L. L., 
(1898) Art. 4, see. 669. 1908, ch. 197. 

669. Said Board shall appoint such clerk or clerks and coun- 
sel as the proper transaction of the business of the Board shall 
require, and shall keep a full record of all applications for 
licenses, of all recommendations for and remonstrances against 
the granting of licenses, and their action thereon ; and the vote 
of the members of said Board bj yeas and nays shall be taken 
on the question of granting or refusing every application for 
licenses, and whenever any license granted by said Board shall 
be hypothecated or assigned for any of the purposes set forth in 
section 690A of this Article, the said Board shall at the' request 
of the person, firm, association or corporation to whom said 
license has been hypothecated or assigned, record the instru- 
ment of hypothecation or assignment in a suitable book ke2)t 
for that purpose and shall return said instrument to the party 
presenting the same after having endorsed thereon the fact of 
such recording and the day and date thereof; and said records 
of said Board shall at all suitable times be open to the inspec- 
tion of the public, and shall be deemed and taken as actual 
notice to all persons of the matters and facts recorded therein ; 
all necessary books and stationery shall be furnished by the 
Mayor and City Council of Baltimore, and all salaries and ex- 
penses incident to the business of the Board shall be paid by the 
Mayor and City Council of Baltimore. 

1890, ch. 343. 1892, ch. 704. 1900, ch. 704. P. L. L., (1888) Art. 4, 
sec. 653D. P. L. L., (1898) Art. 4, sec. 670. 

670. The said Board shall fix the salaries of all clerks and 
counsel appointed by them for the performance of the duties 
imposed by this sub-division of this Article ; any member of 
said Board shall each receive a salary of two thousand dollars 
annually, to be paid as the salaries of the officers of the City 
of Baltimore are paid. 

1890, ch. 343. 1894, ch. 86. P. L. L., (1888) Art. 4, sec. 653E. 

671. ]^o licenses to sell intoxicating liquors, other than by 
wholesale traders, distillers, brewers, rectifiers, and bottlers 
of fermented liquors, shall be granted in tlie City of Baltimore 
except by said Board, and only to citizens of the United States 
of temperate habits and good moral character, who have com- 
plied with tlie requisites of this sub-division of this Article. 

p. L. L., (1888) Art. 4, sec. 653F. 1890, ch. 343. 1894, ch. 86. 

1908, ch. 196. 

672. All licenses to sell .spirituous or fermented liquors sliall 



350 

expire on the first day of May next ensuing the date of their 
issue, and shall he issued for twelve or six months only and for 
no other periods of time; all twelve months' licenses shall he 
granted to begin only from the first day of May in the year 
of their issue, and all six months' licenses shall be granted to 
begin only from the first day of November and from no other 
time, in the year of their issue; and all applications shall be 
filed before the first day of May or the first day of ISTovember 
respectively; provided, however, that the rates for the six 
months' licenses shall be in the proportion of one-half to the 
rates of the twelve months' licenses as hereinafter provided by 
this sub-title of this Article ; provided, further, that nothing in 
this section shall be construed to affect the transfer of licenses 
as now provided in this law. 

1890, ch. 343. 1900, ch. 442. P. L. L., (1888) Art. 4, sec. 653G. 

673. Every person applying for a license to sell intoxicating 
liquors in said city shall file with the said Board his, her or 
their petition for such license, and the Board shall cause notifi- 
cation of such petition to be published three times in three news- 
papers of general circulation in said city (one of which shall be 
printed in the German language), to be designated by said 
Board, the first publication to be not less than fifteen nor more 
than thirty days before the time fixed by the Board for action 
on said petitions. 

I'. L. L., (1888) Art. 4, sec. 653H. 1890, ch. 343. 1906, ch. 278. 

1908, ch. 281. 

674. Said petition shall contain the name and residence 
of the applicant, and how long he has resided there; (2) the 
particular place for which a license is desired, designating the 
same by street and number, if practicable^ and, if not, by such 
other apt description as definitely locates it; (3) the kind of 
license desired, whether a saloon license, hotel license or retail 
grocer's license; (4) the name of the owner of the premises 
upon which the business licensed is to be carried on; (5) a 
statement that the applicant is a citizen of the United States, 
and that it is necessary for the accommodation of the public 
that the place should be licensed; (6) that the applicants have 
not, or has any of them, had a license for the sale of intoxicating 
liquors in this State revoked, nor has been convicted of any 
crime within one year preceding the filing of said petition ; (7) 
that he or she will not knowingly sell, or allow to be sold in the 
said house or on the said premises any such liquor on Sunday 
or on election days, or to minors at any time, or allow a minor 



351 

to drink in said house or- on said premises; that he or she will 
not keep or permit to be kept a bawdy house in the said house 
or on said premises, or the gathering together or the visitation 
to said house or premises of women for lewd or immoral pur- 
poses ; (8) this petition must be verified by the altidavit of 
the petitioner, made before a justice of the peace; if any false 
statement is made in any part of said petition, the petitioner 
shall be deemed guilty of perjury, and upon indictment and 
conviction thereof, his license shall be revoked, and he shall 
be subject to the penalties provided by law for that crime. 

Ordinary, Licotse for. The oath prescribed by sec. 68, Art. 56, Public 
General Laws of Maryland, must be administered before a license can 
be validly issued for an ordinary, notwithstanding the practice in vogue 
in Baltimore City. Blackburn v. Livingstone, Daily Record, Jan. 15, 
1900. Xutc provisions of section 689 of this Article. 

1890, ch. 343. P. L. L., (1888) Art. 4, sec. 6531. 

675. There shall be annexed to this petition a certificate 
signed by at least ten respectable qualified voters residing or 
doing business in the ward in which the petitioner asks to do 
business, stating the residence or place of business of each per- 
son, certifying and setting forth that they have been acquainted 
with the petitioner or petitioners foi- (specifying the lengtli of 
such acquaintance), that they have good reason to believe that 
all the statements contained in the petition are true, and they, 
therefore, pray that the prayer of said petition be granted, and 
the license issued as prayed for. 

1890, ch. 343. P. L. L., (1888) Art. 4, sec. 653 J. 

676. The said Board shall publicly hear petitions from 

residents of the ward or persons living or doing business in 

the vicinity of the place for which license is prayed, in addition 

to that of the petitioner, in favor of, and remonstrance against 

the granting of said license ; and in all cases shall refuse the 

same, whenever, in the opinion of the said Board such license 

is not necessary for the accommodation of the public, or the 

petitioner or petitioners is or are not fit persons to whom such 

license should be granted ; and if sufficient (uiuse shall at any 

time be shown, or proof be made to the said Board, that the 

party licensed was gitilty of any fraud in procuring such license, 

()]• has violated any law of the State relating to the sales of 

intoxicating licpior, the; said Board sliall, after giving notice 

to tlio persfm so licensed, revoke said license; and the Criminal 

Court of the City may in like manner revoke said license if tlic 

party should be convicted before it of any such violation. 

Trageser v. Gray, 73 Md. 253. 



,^52 

Liquor License Commissioners. As to powers of Liquor License Com- 
missioners of Baltimore City to revolie a license on sufficient cause, and 
the extent of the Board's discretionary powers, in relation thereto, see, 
Childs V. White, Daily Record, December 16, 1890. 

1908, ch. 281. 

676xV. Any club, society or association whatever, whether 
incorporated or not, now in existence or hereafter to be formed, 
desiring to sell or furnish intoxicating liquors to its members 
or guests, in order to do so shall first obtain a club license from 
the said Board upon its application therefor to be made by a 
petition to be signed and sworn to in due form of law on its 
behalf by its president or secretary. Every such petition shall 
affirmatively show: First, that the applicant is a bona fide 
social club or society or association, composed of reputable 
citizens over twenty-one years of age, duly organized with 
officers and a constitution or by-laws, that by the terms of such 
constitution or by-laws the members of such applicant are 
required to be elected by a formal vote of its members, directors 
or governing body and to pay after election a substantial en- 
trance or initiation fee, and substantial annual or semi-annual 
dues during their membership, and that the membership in said 
club, society or association is bona fide and real. Second, that 
the applicant was not and is not organized for the purposes of 
profit and does not seek a club license to sell or furnish intoxi- 
cating liquors for any purpose other than the accommodation 
of its members and duly recognized and registered guests. 
Third, the particular place in which the applicant's club, society 
or association is located, and proposes to sell or furnish intoxi- 
cating liquors, and that such place is not in any building which 
contains any saloon or other establishment that may be licensed 
under this sub-division of this Article to sell liquors, desig- 
nating such place by street and number, or otherwise definitely 
to the satisfaction of the said Board. Fourth, the name of 
the owner of the premises so used or occupied by said appli- 
cant. Fifth, that the applicant has not had a license for. the 
sale of intoxicating liquors in this State revoked nor has it 
been convicted of any crime within one year preceding the 
filing of said petition. Sixth, that the applicant will obey and 
observe all laws applicable to it prohibiting the sale of intoxi- 
cating liquors upon its premises or by it on any days or occa- 
sions in said laws mentioned, and will, at all times, to the best 
of its ability, prevent the sale of intoxicating liquors therein 
from becoming the source of any disturbance of the peace or 
good order of the city. No signers shall be required to attest 



353 

the character of applicants for a ehib license, l)\it witli the 
application shall be filed a sworn list of the bona tide members 
of such club, society or association, and before issuing the 
license applied for the said Board shall be satisfied that the 
applicant is, in fact, such a legitimate bona fide organization 
as it claims to be, and that it would not be a nuisance to the 
neighborhood in which it is located, and for such purpose the 
Board may call for such other and additional evidence as to it 
may seem proper, and may hear petitions in opposition thereto, 
as provided in sections 676 and 687 of this Article. 

1890, ch. 343. P. L. L., (1888) Art. 4, sec. 653K. 

677. iSTo license shall be issued to any person or persons 
until he, she or they shall have paid the license fees provided 
for in this sub-division of this Article. 

P. I.. L., (1888) Art. 4, sec. 653L. 1894, cb. 80. 1900, t-li. 278. 1908, 

ch. 196. 1914, ell. 853. 

678. If after the notice and hearing provided for in this 
sub-division of this Article, the said Board shall decide to 
grant the license prayed for, they shall notify the applicant of 
such decision in writing, and if the applicant shall, within 
thirty days from the date when such license granted is to be- 
come effective, produce to the Clerk of the Court of Common 
Pleas, the said notification, and pay said Clerk the sum of 
money herein specified for the particular license prayed foi', 
the said Clerk shall thereupon issue to him the license granted 
to him by the said Board ; but every grant of a twelve mouths' 
license upon which no license has been actually taken out and 
paid for prior to the first day of June, in the year of its issue, 
and every grant of a six months' license upon Avhich no license 
has been actually taken out and paid for prior to the first day of 
December, in the year of its issue, shall be after the said first 
day of June or December, respectively, null and A'oid, and no 
license shall be issued thereupon. 

For a saloon or restaurant in which distilled liquors or niiy 
mixture of distilled liquors containing more than fifteen per 
centum of alcohol or fermented licpiors continuing less than 
fifteen per centum of alcohol, may be sold by retjvil, i'v the 
di-ink, or in quantities or packages not exceeding five gallons of 
any spirituous or fermented liquors, except lager beer, and 
not exceeding one keg of eight gallons or less of IjigcM- beer to be 
di'unk on the premises oi- not, as desired by the purchaser, the 
sum of one thousand dollars sliall be paid for a twelve months' 
license for the twchc months beginning on May 1st, 1014, and 

(13) 



854 

for each succoediug term of twelve months begiiming on the 
first day of May in each and every year thereafter ; and a sum 
equal to one-half of said sum, shall be paid for a six months' 
license. For a hotel license the same amounts shall be paid in 
the same manner. 

For a club license, the sum of seven hundred and fifty dollars 
shall be paid for a twelve months' license for the term of twelve 
months beginning on the first day of May in each and every 
year, accounting from May 1, 1914, and a sum equal to one- 
half of said sum of $750.00 shall be paid for a six months' 
license. For a retail grocers' license, the simi of five himdred 
dollars shall be paid for a twelve months' license for each term 
of twelve months, beginning on the first day of May, in each 
and every year, accounting from May 1st, 1908, and a sum 
equal to one-half of said sum of five hundred dollars shall be 
paid for a six months' retail grocer's license; provided, how- 
ever, that none but a bona tide retail grocer who shall make 
application to said Board therefor, shall receive a retail grocer's 
license, and no such retail grocer's license shall be given to 
anyone except on complying with the conditions of this Act, 
and such license shall only entitle such licensees to sell wines, 
spirituous or fermented liquors, as aforesaid, in quantities or 
packages of not less than one pint; but in no case to be drunk 
ou the premises ; nor shall such retail grocer's license to sell 
wines, spirituous or fermented liquors, as aforesaid, be given 
to any applicant who, or whose concern generally keeps on 
hand, or in case of applications for the first time, expects to 
generally keep on hand, at the principal season of sale, an 
amount of stock of wines, spirituous or fermented liquors in 
excess of thirty per centum of the total amount of stock of 
goods, wares and merchandise generally kept on hand by him, 
or the said concern, at the principal season of sale; and every 
applicant for such retail grocer's license shall, in addition to 
the statement on oath, now required by law of applicants for 
trader's license, as to their total stock of goods, wares and mer- 
chandise, state to the Clerk of the Court of Common Pleas, ou 
oath to be administered by the Clerk, the amount of said appli- 
cant's stock of wines, spirituous or fermented liquors generally 
kept on hand by him, or the concern in which he is engaged 
at the principal season of sale or if said applicant shall not 
have previously engaged in such trade or business, the amount 
of such stock he expects to keep as aforesaid. In no case shall 
a license to sell intoxicating liquors by the drink be granted 
to any person who shall obtain a license to sell goods, vt^ares or 
merchandise other than intoxicating upon the said premises, 



355 

when Hucli intoxicatiiiii; licjuors are licensed to l)o sold, but 
licensed saloonkeepers may also sell tobacco and non-alcoholic 
beverages; provided, fnrther, that no retail licenses shall be 
issued to any distiller or brewer. 

P. L. L.. (1888) Art. 4, sec. Go3M. 1890, ch. 34^]. 1908, ch. 19G. 

679. The whole of the money received by the Clerk of the 
Court of Conmion Pleas for the licenses aforesaid shall be 
paid over quarterly by said clerk of the Court of Common 
Pleas to the State, as now provided by law, and when so paid 
over, the Comptroller of the Treasurv shall draw his warrant 
upon the Treasurer in favor of the Mayor and City Council of 
Baltimore for three-fourths thereof, to be applied to the general 
use of said city. 

1890. ch. 343. p. L. I... (1888) Art. 4, sec. ()53N. 

680. Every person receiving a license under this sub-divi- 
sion of this Article shall frame his license under a glass, and 
place the same so that it shall at all times be conspicuous and 
easily read, in his chief place of making his sales, and no 
license issued under this sub-division of this Article shall auth- 
orize sales by any person who shall neglect this requirement. 

1890, ell. 343. P. L. L.. (1888) Art. 4, sec. 6530. 

681. Xo licensee under the provisions of this sub-division of 
this Article shall sell or furnish any intoxicating liquors at anv 
time to a minor, either for his or her own use, or for the use of 
any other person, or to a drunkard, or to any person whose 
parent, guardian, husband, wife or child shall have given to 
such licensee a notice in writing, verified by affidavit, that such 
person is of intemperate habits, and requesting such licensee not 
to sell to him or her, or to a person visibly affected by intoxi- 



cating drinks. 



Peterson v. State, 83 Md. 194. 



P. L. L., (1888) Art. 4. sec. Gn3P. 1890. eli. 343. 1894. cli. 2.'57. 

1908. ch. 281. 

682. No licensee under the sub-division of this Ailicle 
holding any other than a hotel license, shall sell or furnisli to 
any person intoxicating liq\iors on any day upon which elections 
are now, or may hereafter be required by law to be held nor on 
the Lord's Day, commonly called Sunday ; no licensee under 
the sub-division of this Article hc^ldiniz; anv other than a hotel 
or a club license shall sell or furnish to any person intoxicati!!*."; 
liquors between the hours of twelve midnight and five o'clock 



356 

A. M., uor in any place to which an entrance shall be allowed 
other than directly from a public-traveled way. Kor shall any 
snch licensee holding a hotel license sell or fnrnish any such 
intoxicating liquors on said prohibited days, except to bona 
fide registered guests to be drunk in their rooms or at their 
meals, nor shall any club licensees sell or furnish such liquors 
to any person at any time between the hours of one o'clock 
A. M. and five o'clock A. M. on any day. And provided, 
further, that any licensees under the sub-divisions of this Arti- 
cle may with the permission of the Board of Police Commis- 
sioners at any bona fide entertainment of any society, club or 
association, sell intoxicating liquors between such hours as 
the Board aforesaid may designate in such permit. 

Ill connection with provisions of section 682, see, McCracken v. State, 
71 Md. 154 and I'arker v. State. 09 Md. 189. 

Maryland Club cannot furnish liquor on Sunday to its members. 
State V. Maryland Club, 105 Md. 586. 

1890. ch. 343. P. L. L., (1888) Art. 4, sec. 653Q. 

683. Druggists and apothecaries shall not be required to 
obtain license under the provisions of this sub-division of this 
Article, but they shall not sell intoxicating liquors nor com- 
pound or mix any composition thereof, except upon the written 
prescription of a regular physician ; nor more than once on any 
one prescription of the physician ; and every druggist or apothe- 
cary shall keep a book for the special purpose and enter therein 
the date of every sale of intoxicating liquor made by him, the 
person to whom sold, the kind, quantity and price thereof, and 
the purpose for w^hich it w-as sold, and such book shall be at 
all times open to the said Board, or of any person designated 
and authorized by them to make such inspection, and shall be 
produced before such Board when required; and any failure 
to comply with the provisions of this section shall render such 
druggist or apothecary so failing, liable to the same penalties as 
if he had sold intoxicating liquors without a license. 

1890, ch. 343. P. L. L., (1888) Art. 4, sec. 653K. 

684. Any person who shall hereafter be convicted of selling 
intoxicating liquors, or any admixture thereof, in the City of 
Baltimore, without a license under the provisions of this sub- 
division of this Article, shall be sentenced to pay a fine of not 
less than five hundred dollars nor more than five thousand dol- 
lars, or undergo imprisonment in the jail of said city, or in 
the House of Correction of not less than three months, nor more 
than twelve months, or to both fine and imprisonment, at the 
discretion of the Court. 



IS'.Xi. cli. o4.'J. P. J,. J... US^^'"^) Art. 4, see. 6588. 

685. Any person having a license under the provisions of 
this sub-division of this Article who shall hereafter be con- 
victed of violating any of the provisions of this sub-division of 
this Article or of the conditions of his license, shall be subject 
to a line of not less than one hundred or more than five hundred 
dollars; and for any second offence, whereof he shall be con- 
victed, his license shall be vacated and revoked, and he shall be 
subject to a fine of not less than five hundred nor more than 
one thousand dollars, or to imprisonment in the jail or the 
House of Correction for not less than three months, nor more 
than twelve months, or to both fine and imprisonment at the 
discretion of the Court. The license of any person who per- 
mits minors to frequent or loiter about his place, or disreputable 
or disorderly persons to make it a customary place of visitation 
or resort, may be at any time, upon proof, revoked by the Crim- 
inal Court of Baltimore City, or by said Board, the same person 
shall not again be licensed within two years of the time of such 
revocation. ISTothing in this sub-division of this Article shall 
be construed to repeal or modify any of the provisions con- 
tained in, or the penalties imposed by any law of this State 
forbidding or restricting the sale of intoxicating liquors on a 
day on wliicli elections are held. 

1890, cb. 343. P. L. I.., (ISSS) Art. 4, sec. 653T. 

686. Upon complaint or allegation by any qualified voter 
of Baltimore City who shall give security for the cost of prose- 
cution, that any license has been corruptly or knowingly issued 
by said Board to any person who has not complied with the 
provisions of this sub-division of this Article, it shall be the 
duty of the State's Attorney to file in the Criminal Coui't of 
Baltimore City an information against said Board and against 
said licensee, and if it shall be found that such license was 
improperly issued, said license shall be revoked, and the mem- 
bers of said Board who voted in favor of issuing said license 
shall in addition to the other penalties for malfeasance in office 
be removed from said office. 

1892, clj. 641. P. T.. L., (1888) Art. 4, sec. G58U. 

687. For the purpose of all hearings and inquiries which 
the Board of T>iquor License Commissioners are authorized to 
have and make, they are hereby authorized to issue summons 
for witnesses and administer to them oaths or affirmations, and 
all summons so issued .shall be served by the police force of the 



358 

City of Baltimore. If any witness so summoned shall refuse or 
neglect to attend, or attending, refuse to testify, the said Board 
shall report the facts to the Superior Court of Baltimore City, 
which is hereby authorized and directed to proceed by attach- 
ment against said witnesses in all respects as if said neglect or 
refusal had been by witnesses summoned to appear in said 
court in cases pending before it. 

V. L. L., (1888) Art. 4, see. ti53V. 1894, eh. 86. 1906, ch. 278. 

1908, ch. 196. 

688. Distillers, brewers and wholesale dealers or jobbers, 
other than wholesale druggists, shall be allowed to sell spiri- 
tuous liquors in quantities of not less than one pint each, and 
fennented liquors in packages of not less than two dozen pint 
bottles or twelve quarts each, but in no case to be drunk on 
the premises; distillers and brewers shall require no licenses; 
wholesale dealers and jobbers, other than wholesale druggists, 
shall be entitled to receive a license as such, to sell as above 
stated and not otherw^ise, upon applying directly to the clerk 
of the Court of Common Pleas and paying to him the sum of 
five hundred dollars for the twelve months beginning on May 
1, 1908; the sum of seven hundred and fifty dollars for the 
twelve months beginning on May 1, 1909 ; and the sum of one 
thousand dollars for the twelve months beginning on May 1, 
1910, and for each succeeding term of twelve months beginning 
on the first day of May in each and every year thereafter. But 
any person, co-partnership or corporation (other than brewers, 
who as hereinbefore stated, require no license), may be licensed 
to conduct a bottling business by selling fermented liquors only, 
and in quantities or packages not less than twelve pint bottles, 
by applying direct to the Clerk of the Court of Common Pleas 
and paying him the sum of eighty dollars for the twelve months 
beginning on May 1, 1908; the sum of one hundred and 
twenty dollars for the twelve months beginning on May 1, 1909, 
and the sum of one hundred and sixty dollars for the twelve 
months beginning on May 1, 1910, and for each succeeding 
term of twelve months, beginning on the first day of May in 
each and every year thereafter. Wholesale druggists shall he 
entitled to receive a license as such, to sell under the same con- 
ditions^ as above stated with respect to distillers, brewers and 
wholesale dealers or jobbers, other than wholesale druggists, 
and not otherwise, upon applying directly to the Clerk of the 
Court of Common Pleas and paying to him the sum of tw^o 
hundred and fifty dollars. But no such wholesale druggist's 



359 

license to sell wiues, spirituous or fermented liquors slniU be 
given to any applicant who, or whose concern, generally keeps 
on hand, or, in the case of application for the first time, expects 
to generally keep on hand at the principal season of sale, an 
amount of stock of wine, spirituous or fermented liquors in 
excess of five per centum of the total amount of stock of goods, 
wares and merchandise generally kept on hand by him, or the 
said concern, at the principal season of sale, and every applicant 
for such wholesale druggist's license shall, in addition to the 
statement on oath now required by law of applicants for trader's 
licenses as to their total stock of goods, wares and merchandise, 
state to the clerk of the Court of Common Pleas on oath to be 
administered by the clerk, the amount of said applicant's stock 
of wines, spirituous or fermented liquors generally kept on 
hand by him, or the concern in which he is engaged, at the prin- 
cipal season of sale, or, if said applicant shall not have previous- 
ly engaged in such trade or business, the amount of such stock 
he expects to keep as aforesaid. Any person required by this 
section to take out a license, who shall sell or offer for sale any 
intoxicating liquors without first having procured such license, 
and any person who shall violate any of the provisions of this 
section as to the manner or quantity in which he shall sell or 
offer for sale such liquors, whether he shall be required to take 
out a license or not, shall be deemed guilty of a misdemeanor 
and upon conviction thereof, shall be fined not less than two 
hundred and fifty dollars, nor more than five hundred dollars, 
in the discretion of the court; no license under this section 
shall be issued for a longer period than one year, if issued for a 
shorter period, the licensee shall pay for every month for which 
his license is to run, one-twelfth of the annual charge for such 
license, and all such licenses shall expire on the first day of May 
succeeding their issue ; the whole of the money received by the 
Clerk of the Court of Common Pleas for the licenses aforesaid 
shall be paid over quarterly by said Clerk of the Court of 
Common Pleas to the State, as now provided by law, and when 
so paid over the Comptroller of the Treasury shall draw his 
warrant upon the treasurer in favor of the Mayor and City 
Council of Baltimore for three-fourths thereof, to be applied to 
the general use of said city. 

Tho license fee of .$1G0, under section 6SS as amended by Chapter 100 
(A(;ts 1908) does not apply to a dealer who pays a brewery company 
to bottle for him beer which he purchased from the brewery. The 
statute applies where tlie licensee conducts a bottling f)usinesa of his 
own and sells only fermented liquors which lie bottles liimself. 



360 

1894, ch. 80. 1'. L. L.. (,1888) Art. 4, sec. 653W. 1906, ch. 278. 

689. ^0 person shall receive a "hotel license/' allowing 
the sale of intoxicating liquors at a hotel or ordinary, unless he 
shall present to the Clerk of the Court of Common Pleas a 
notification, as provided for in section 678 of this Article, 
wherein the decision of the Board of Liquor License Commis- 
sioners to grant a "hotel license," to the applicant, is plainly 
expressed nor until such applicant, in addition to paying the 
sum prescribed in this sub-division of this Article, shall have 
also paid for and received a license to keep a hotel or ordinary, 
as now provided by law. 

As to license for ordiiunij, see, note to section 674, ante, and Black- 
burn V. Livingstone, Ds^ily Record, Jan. 15, 1900. 

1894. cli. 86. 1900, di. 278. 1\ L. L., (1888) Art. 4. .sec. 653X. 

690. Any holder of a license to sell intoxicating liquors at 
retail, by the drink or otherwise, may be permitted by said 
Board, in their discretion, to sell or assign said license to an- 
other person, to be used at the same or another place of business, 
or to transfer his said license to another place of business; 
provided, that the fitness and propriety of said intended pur- 
chaser or assignee, and of said intended new place of business 
shall be first approved by said Board upon due application 
therefor, recommendation by qualified voters, advertisement of 
same in newspapers, etc., as in case of an original appli- 
cation for such license. Such sale or assignment or transfer 
when granted by said Board shall be endorsed upon the license 
by the Clerk of the Court of Common Pleas, who shall be 
entitled to receive a fee of fifty cents therefor, and the same 
shall then take effect. And whenever the said Board may be 
satisfied that any license has been lost or destroyed or that any 
licensee has transferred or assigTied his license to another 
person, and the said transfer or assignment has been duly ap- 
proved by the Board, in the manner above provided for, and the 
original licensee withholds said license from the person or per- 
sons to whom he has assigned or transferred the same, and 
refuses to deliver or surrender said license, the said Board shall 
have the power to revoke and cancel said original license and 
to issue a duplicate license in lieu thereof to such transferee 
upon the payment of the aforesaid fee of fifty cents, without 
any additional license fee. And if any license shall he in 
course of transfer for the same place of business, the Board sliall 
have the power in its discretion to issue a permit to the owner 
or transferee of such license to conduct business thereunder 



361 

uutil a duplicate license can be issued or said transfer duly 
effected, and the Clerk of the Court of Common Pleas shall 
endorse upon such duplicate license the word "Duplicate," 
together with the names of the original licensee, as well as that 
of the transferee to whom such duplicate is granted, and in 
the settlement of his accounts with the Comptroller and Treas- 
urer of the State of Maryland, the said Clerk of the Court of 
Common Pleas shall be allowed for such duplicate license. 

1908, ch. 197. 

690A. In addition to the powers conferred by section 690 
of this Article, any holder of a license to sell intoxicating 
liquors at retail, by the drink or otherwise, may assign, hypothe- 
cate or pledge said license to any person, firm, association or 
corporation as security for the repayment of any debt or the 
performance of any obligation and the instrument so assigning, 
hypothecating or pledging said license shall, upon the applica- 
tion of the person, firm, association or corporation to whom the 
same shall be made, be recorded by said Board as provided in 
section 669 of this Article ; and whenever it shall be made to 
appear to said Board upon petition duly verified by affidavit 
that default has occurred in any of the conditions set forth 
in said instrument, hypothecation or pledge, and the licensee 
refuses to deliver the license to the party thereby entitled to 
same, the said board shall have power, after such hearing as it 
may deem advisable, to revoke the original license and issue a 
duplicate license in lieu thereof, and upon so receiving said 
duplicate the said assignee or pledgee shall have all the rights 
and privileges conferred upon holders of licenses by the pro- 
visions of this Article ; pro%dded, however, that nothing in this 
section contained shall prevent any licensee who shall have 
assigned, hypothecated or pledged a license under the provisions 
of this section from prosecuting the business for which said 
license was granted until the same shall have been revoked by 
said Board under the provisions of this section ; and provided, 
further, that nothing iir this Article contained shall prevent 
the issuing of duplicate licenses under the provisions of this 
section to any person or corporation whatsoever; provided, also, 
that no license thus assigned, hypothecated or pledged, nor any 
duplicate license thus issued, shall be used or disposed of by 
any transferee or assignee except for re-hypothecation, cancella- 
tion or rodomption without complying with provisions of Arti- 
cle 000 of this Act. 



362 

1908. ch. 197. 
690B. Any holder of a license to sell intoxicating liquors at 
retail, by the drink or otherwise, against whom no indictment 
is pending for the violation of the liquor laws during the year 
for which said license was granted, and who shall not have been 
convicted for any such violation of said liquor laws during the 
said year for which the said license was issued, who shall 
cease to traffic in liquors during the term for which such 
license was issued, and who shall surrender such license to the 
Board of Liquor J^icense Commissioners, and who shall at the 
same time file with the said Board of Liquor License Commis- 
sioners a petition in such general form as the Board may pre- 
scribe, duly sworn to before a notary public or justice of the 
peace, asking to have the license marked "cancelled," shall be 
entitled to have the amount paid for such license refunded pro 
rata for the unexpired portion of the term for which such 
license was granted, less ten dollars, provided that no refund 
shall be allowed or paid upon the surrender of such license, un- 
less the same shall have at least one full calendar month yet to 
run. And upon the surrender of said license and the filing of 
said petition the said Board of Liquor License Commissioners 
shall thereupon compute the amount of refund then due on 
said license for the unexpired term thereof, less ten dollars, 
and shall execute duplicate vouchers therefor showing the name 
of the person to whom the original license was issued, the num- 
ber of said license, the date when issued, the amount paid 
therefor, and the date when surrendered for cancellation, 
together with the amount of refund due thereon at such date 
as computed by them, the name of the person entitled to re- 
ceive the refund and a warrant to the clerk of the Court of 
Common Pleas directing him to pay said refund as set forth in 
said vouchers, to the person so entitled, and one of said 
vouchers the said Board shall deliver to the person entitled 
thereto, together with said warrant on the Clerk of said Court 
of Common Pleas, and the other of said vouchers it shall im- 
mediately transmit, together with the surrendered license, to 
the said Clerk of the said Court of Commori Pleas, and the 
said Clerk of the said Court of Common Pleas upon the pres- 
entation and surrender to him of the said voucher and warrant 
given to the said petitioner, shall pay to him or his personal 
representatives or assigns the amount called for by such vouch- 
ers and warrant, out of such funds from the proceeds of liquor 
licenses as may be in his hands as clerk of said court at the 
time, or if insufficient funds are in his hands at the time of 
presentation of such warrant, then out of the first funds from 



I 



363 

the proceeds of liquor licenses that come into his hands, and in 
his next quarterly statement and account'ing to the State of 
Maryland he shall be entitled to full credit for the amount 
thus paid ; such warrants to be paid in the order in which they 
are issued. 

1804, oil. 257. 1'. L. L., (1888) Art. 4, sec. 653PL. 

691. Every licensed dealer to whom the Board of Police 
Commissioners for the City of Baltimore shall issue a peraiit 
to sell intoxicating liquors at places of entertainment, as auth- 
orized by section 682 of this Article shall pay the said Board 
of Police Commissioners one dollar for said permit, the money 
so paid to go into the special fund of said Board. 

MOVING PICTURE MACHINE OPERATORS. 

1910, ch. 693. 

691a. That a new article, to be known as "Moving Picture 
Machine Operators,'' and to be numbered as Ai'ticle . . ., be 
and the same is hereby added to the Code of Public Local Laws, 
whose provisions shall be as follows : 

1910, ch. 693. 1912, ch. 814. 

691b. That the term ''Moving Picture Machine Operator," 
as used in this Act, shall be defined as and including any and 
all persons engaged in the operation of moving picture ma- 
chines. A license of moving picture machine operator issued 
in accordance with the provisions of this Act shall entitle any 
such person so licensed to operate any moving picture machine. 

1910. ch. 693. 1912, ch. 814. 

691c. That the Governor shall biennially appoint in aiid 
for Baltimore City three persons: one from the Board of Fire 
Underwriters' Association, one licensed moving picture ma- 
chine operator, one master electrician, to represent the Building 
In.spector's Office of Baltimore City; all of whom have had 
not less than three years' experience at the business and who 
havf! resided in Baltimore City, State of Maryland, for a period 
of not l(!ss than two years next preceding their appointment, 
who .shall be known as the Board of Examining Moving Picture 
Machine Operators. The parties so appointed shall make oath 
before a justice of the peace that they will faithfully perform 
the duties of their office, and shall give bond in the sum of 
five hundred dollars, to be approved by the Judge of the Su- 
perior Court of Baltimore City. 



3(54 



li»10. ell. U!>3. 11)12, ch. 814. 



691d. Tiial all persons who, at the time of the euactmeni 
of this Act, are engaged in the business of a moving picture 
machine operator in the City of Baltimore, as described in 
section 2 of this Act, shall within sixty days after the tirst 
day of May, 1910, comply with all the provisions of this Act, 
otherwise they shall be guilty of a misdemeanor, and upon con- 
viction, before a police justice or in the Criminal Court of 
Baltimore City, be fined a sum not less than live dollars, nor 
more than twenty-live dollars, for each day or fraction thereof 
that they shall pursue the business of moving picture machine 
operator in the City of Baltimore ; and if said line is not paid, 
shall be subject to imprisonment for thirty days or both at the 
discretion of the judge. 

1910, ch. 693. 1912, cb. 814. 

691e. That if any such person desires to engage or continue 
in said business of moving picture machine operator, after 
the passage of this Act, he shall apply to the Board provided 
for in section 3 of this Act, for a license and submit to an ex- 
amination as to his qualification before said Board; and, if 
found proficient by said Board, they shall issue a license, other- 
wise they shall refuse to grant a license; if the said Board shall 
find, after due examination, that the said applicant for a license 
possesses a reasonable knowledge of the moving picture machine 
operator business and electricity, as pertains to the operation 
and management of moving picture machine, then the said 
Board shall, upon payment of the fee herein provided for, 
issue to said applicant a license for a term of not more than 
one .year, and shall keep a record of all so issued; and no 
person shall be granted a license who has not reached the age 
of 21 years, and makes oath to such fact, and has had at least 
one year's experience under a licensed operator or two years' 
experience in operating a moving picture machine ; provided 
that each applicant for the license shall pay to the said Board a 
license fee of ten dollars ($10.00). Said license to be good 
for a term of one year, and at the expiration of said term a re- 
newal shall be issued by said Board upon the payment of a 
fee of five dollars ($.5.00) for said renewal. Xo person granted 
a license under the provisions of this Act shall operate a mov- 
ing picture machine after the expiration of said license or after 
said license shall have been suspended or revoked as herein 
provided, unless the said license or renewal of same shall have 
been granted as herein provided. 



11 



365 

1910, eh. 693. 1912, ch. 814. 

691f. That any person taking a false oath in reference to 
his age or time that he has operated under a licensed operator, 
or length of time that he has operated a moving picture ma- 
chine, shall be deemed guilty of perjury, and upon conviction 
in the Criminal Court of Baltimore City be fined not less than 
ten dollars ($10.00) nor more than fifty dollars ($50.00). Any 
person failing to pass an examination within six months from 
the date of last examination. The Board shall have jDowei- 
to investigate the cause of any fire in a moving picture parlor 
or theatre, and to revoke the operator's license upon satisfactory 
proof that the fire was caused by the operator's negligence or 
carelessness. The Board, on examining any applicant here- 
under shall give him a thorough test as to his practical work, 
together with such verbal examination, as the Board may 
deem necessary. The Board shall have the poAver to enter 
any operating room for the purpose of inspection at any time, 
and shall also have the power at any time to re-examine any 
operator upon due notice to him, and upon sufficient cause 
shown suspend or entirely re\-oke a license theretofore granted. 

19] 0. ch. 693. 1912, ch. S14. 

691g. That any manager or owner of a moving picture par- 
lor or theatre who employs a moving picture machine operator, 
as in this Act defined, without said operator having first pro- 
cured a license from said Board in the manner herein required, 
.shall be deemed guilty of a misdemeanor, and upon conviction 
before a police justice or in the Criminal Court of Baltimore 
City be fined not less than five dollars ($5.00) nor more than 
twenty-five dollars ($25.00) for each and every offense. 

1910. ell. •;<»:•.. V.)]-2. ell. 814. 

691h. That the said Board shall have full power to .suspend 
for such period as may seem proper or revoke entirely the 
license of any moving picture machine operator, who is negli- 
gent or operates any moving picture machine in a dangerous or 
improper manner, so as to be dangerous to the safety of life or 
property, provided, that no license or renewal thereof shall be 
suspended or revoked unless an opportunity is aftordod the 
party charged to he incsciit in person, or by counsel, and make 
any defence he may have; no license or renewal of same shall 
be assignable or tran.sferable, and all renewals shall be kept 
of record as in the case of original license. 



366 

I'.tiM. < h. <:;.■;;. 
691i. The said Jj(Xird of Examiners shall be paid a per 
diem of five dollars ($5.00) for each day actually in session, 
and shall pay the expense of maintaining their office out of the 
proceeds derixcd from licenses and renewals, including office 
rent, salary, etc. ; and no money shall be paid from the State 
Treasury for any expense of this Board; any surplus which 
may exist at the end of the term of the said Board shall be 
returned to the Treasurer of the State; the said Board shall 
meet as often as necessary for the proper transaction of its 
business, and shall give at least five days' notice in some daily 
newspaper published in Baltimore City of the time and place 
of meeting for the purpose of examining applicants ; said Board 
shall meet once in each month ; and all licenses and renewals of 
licenses shall expire on the first day of May of each vear. 

PAWNBROKERS. 

1S8S, ell. 304. r. L. I... (1S8S) Art. 4, sec. 6.55. 
692. All pawnbrokers in the City of Baltimore shall keep 
or caused to be kept, in a suitable book or books to be provided 
by them for that purpose, an accurate account showing the date 
of each deposit made with them in the course of their business, 
and of each purchase made by them in the course of their busi- 
ness, of any and all personal property, so described as to 
identify the said personal property so deposited or sold; and 
showing also the sum of money advanced thereon or paid there- 
for, the time for which any such deposit was agreed to be kept, 
and the name of the depositor or seller of such personal prop- 
erty, and his place of business or abode ; and such entries shall 
be made by such pawnbrokers immediately upon the making 
of any such transaction ; such book, and the personal properties 
so deposited or purchased, shall be subject at all times to the 
inspection of such agent or officer as may be designated for that 
purpose by the Mayor and City Coimcil of Baltimore, and also 
to the inspection of the Marshal of Police for the City of Balti- 
more, and of such officer as he may designate for that purpose ; 
and all pawnbrokers who shall omit, neglect or refuse to provide 
and keep such book, or to enter therein forthwith as aforesaid an 
account of all deposits made with and purchases made by them, 
as aforesaid, with all the particulars thereof, as hereinbefore re- 
quired, or who shall enter incorrectly in such book any such 
account of deposits made with them, or purchases made by 
them, as aforesaid, or who shall refuse to exhibit any of such 
books and properties so deposited or purchased, if in their posr 



367 

session or iiuder their control npon demand of any of the officers 
empowered or anthorized as aforesaid to make such inspection^ 
shall be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be subject to a fine of not less than twenty dollars, 
or an imprisonment of not less than thirty days, or to both fine 
and imprisonment in the discretion of the court. 

1880, ch. 104. P. L. L., (1888) Art. 4, sec. 656. 

693. Before any person or body corporate shall transact the 
business of pawnbrokers in the City of Baltimore, he or it 
shall first obtain from the Clerk of the Court of Common Pleas 
in said city, a State's license authorizing him or it to carry on 
such business in the said city, for which said license he or it 
shall pay the sum of five hundred dollars, and in addition to 
this, he or it shall file with said clerk a bond to the State of 
Maryland, in the sum of ten thousand dollars, to be approved 
by said clerk, for the faithful performance of the requirements 
of this sub-division of tliis Article; and any pawnbroker who 
shall violate this section by failure to file such bond, or to ob- 
tain the license as aforesaid, though continuing to transact the 
business of a pawnbroker, shall be deemed guilty of a misde- 
meanor, and shall, on conviction thereof, be fined the sum of 

. five hundred dollars, or be imprisoned in the City Jail for the 
term of six months, or both, in the discretion of the court. 

:\rERCHAXDISE BROKERS. 

l«l>l'. <li. ,-.(;i. I'. 1,. 1... (1SS8) Art. 4. sec. 6o7A. P. G. L.. (1888) Art. 

50, sec. IS. 

694. .Vny person or partnership applying for the same, and 
paying the sum of eighteen dollars and seventy-five cents for 
each individual or representative of such firm or partnership, 
may obtain a license for carrying on the business of grain 
broker, coffee broker, cotton broker, sugar broker, or merchan- 
dise broker. 

REAL ESTATE BROKERS. 

1X.S.S. ch. 4!)".. P. L. L.. 0>^>i8) Art. 4, sec. mS. 

695. Any person, co-partnership or firm applying for the 
same, and paying tlic sum of money herein provided, may 
obtain a license for carrying on the business of real estate broker 
in the City of Baltimore ; provided, that the names of each 
and every person comprising any co-partnersliip or firm apply- 
ing for such license shall be inserted in said license; provided, 
that the sum of money to be paid tliorcfor as aforesaid shall 
be twentv-five dollars for the first two names inserted in said 



368 

license, and twenty-live dollars additional for each and every 
name above two inserted therein. 

Coates V. Locust Point Co., 102 Md. 291. 

In regard to the construction of sections 695 to 700, inclusive, of tiie 
Charter, see, Wallcer v. Baldwin and Frick et al., 103 Md. 352, in vvliich 
the Court of Appeals upheld the validity of a contract for commissions 
made by an unlicensed real estate broker on the ground that the license 
required to be obtained under the provisions of the Charter is a revenue 
measure, and failure to obtain same does not invalidate the conti-act but 
exposes such unlicensed broker to the penalty provided by the Act. This 
affirms decision in re Coates v. Locust Point Company, decided at the 
January 1906 term of the Court of Appeals, 102 Md. 291. 

Real Estate Brokers. — For decisions in relation to powers of such 
agents to act for principal in certain cases, see, Newcomer v. Brooks, 
Daily Record, October 24, 1901. Becker v. Matthai, Daily Record, Jan- 
uary 3, 1902. Crenshaw v. Baltimore Chrome Works, Daily Record, 
August 31, 1903. 

The Proceeds of Property in excess of specific selling price authorized, 
belong to the owner of the property and not to the broker, notwith- 
standing usage to the contrary.- — Newcomer v. Brooks, supra. 

1888, ch. 495. P. L. L., (1888) Art. 4, sec. (>59. 

696. Any person, co-partnership or firm who shall carry 
on the business of real estate broker, or shall undertake to act 
as such real estate broker by public advertisement, sign or other- 
wise, without such license first obtained, or who shall use or 
attempt to use the license of another with intent to evade the 
provisions of sections 695 to 699 of this Article, shall be deemed 
guilty of a misdemeanor, and on conviction thereof, shall be 
subject to and pay a fine or penalty of not less than two hun- 
dred dollars nor more than five hundred dollars for each offence ; 
one-half thereof for the use of the State, and the other half 
thereof to the person or corporation that shall first prefer be- 
fore the Grand Jury the charge against such offender ; and any 
person, co-partnership or firm who shall directly or indirectly 
act as a real estate broker, or shall undertake the buying or 
selling of ground rents or other real estate, or of chattels real, 
or the leasing of real estate or chattels real, or the negotiation 
or sale of mortgage loans on real estate or chattels real, or the 
collection of rents for others, with a view to reward or com- 
pensation for such undertaking, shall be deemed to be carry- 
ing on the business of real estate broker within the meaning of 
said sections, and be subject to the fines or penalties herein 
prescribed. 

Coates v. Locust Point Co., 102 Md. 291. Walker v. Baldwin & Frick, 
]03 Md. 352. 



11 



369 

18SS, oh. 49.1. 1'. L. L., (ISSS) Art. 4, see. 6t)0. 

697. If any person who has obtained such license shall die 
or shall move from and cease to use and exercise the business 
of real estate broker in the City of Baltimore, before the expira- 
tion of the term in said license specified, the benefit of said 
license for the imexpired term shall issue to and be continued 
in his legal representative or assignee, upon application to the 
proper clerk for that purpose, accompanied by the oath by the 
party applying, made before a judge of a court of record and 
endorsed on said license, that the person to whom said license 
was originally granted is deceased, or has removed from and 
ceased to use or exercise the said business in the said city. 

1888, ch. 495. P. L. L., (1888) Art. 4, sec. 661. 

698. Upon said application and affidavit the clerk shall, by 
his endorsement on said license, authorize such legal represen- 
tative or assignee to use or exercise the business of such real 
estate broker in said city for the unexpired term in said license 
named. 

1888, ch. 495. P. L. L.. (1888) Art. 4, sec. 662. 

699. Xo person, co-partnership, association or firm, legal 
representative or assignee, shall use or occupy at the same 
time more than one office or place of business for the transac- 
tion of his or their business as such real estate broker, in said 
city, unless a separate license be procured for each and every 
such office or place of business, or for each and every branch 
office where the business of said person, co-partnership, associa- 
tion or firm as such real estate broker in said citv is carried on 
or located ; and any person who shall violate the provisions of 
this section shall be deemed guilty of a misdemeanor, and on 
conviction thereof, shall be subject to the same fine and penal- 
ties as are imposed by the provisions of section 696 of this 
Article ; but nothing herein shall be so construed as to prevent 
any such person, co-partnership, association or firm, legal rep- 
resentative or assignee, from holding at the same time with the 
license as real estate broker in said city, provided for by section 
695 of this Article, a license or licenses for any other kinds 
of brokerage business permitted by the laws of this State upon 
paying to the clerk the several sums by law prescribed for such 
license or lir-onses. 

188S, cli. 495. p. r.. I>., (1888) Art. 4, sec. 663. 

700. The five preceding sections shall not apply to transac- 
tions of attorneys at law with their clients; but their provisioas 



370 

shall nevertheless apply to all other persons who make a busi- 
ness of brokerage or agency for others in transactions in real 
estate, mortgage or chattels real, by solicitation, advertise- 
ment, sign or otherwise, with a view to reward or compensation 
for such business, whether the same be conducted under the 
name of agent, property agent, broker, negotiator, financier, 
dealer or any other name so as to evade the provisions of said 
sections. 

STEVEDORES. 

1898, cL. 505. 1'. L. L., (18S8) Art. 4, sec. 008A. 

700a. Before any person or body corporate shall transact 
the business of a master stevedore in the City of Baltimore, 
he or it shall first obtain from the Clerk of the Court of Com- 
mon Pleas in said city a State's license, authorizing him or 
it to carry on said business in the said city, for w^hich said 
license he or it shall pay the simi of twenty-five dollars, and 
any stevedore who shall violate this section by failure to obtain 
the license as aforesaid, though continuing to transact the busi- 
ness of a stevedore, shall be deemed guilty of a misdemeanor, 
and shall, on conviction thereof in the Criminal Court of Bal- 
timore City, be fined the sum of one hundred dollars, or be 
imprisoned in the City Jail for the term not exceeding six 
months, or both, in the discretion of the court. 

Stoenken v. State, 88 Md. 708. 

The Act 1898, eh. 505. was construed by the Court in re Steenkeii v. 
State, 88 Md. 708. and the provisions relating to the bond required 
under the terms of said Act wei'e dech\red unconstitutional and void, 
but the validity of the remaining provisions of the Act upheld. The 
act as embodied in section 70(Ja has been moditied to (.onform to the 
decision of the Court. 

DUTY OF SHEIIIFF AND CLERK OF COURT. 

1866, eh. 151. 1888, ch. 372. P. L. L., (1888) Art. 4, sec. 669. 
701. It shall be the duty of the Sherift' of Baltimore City 
annually, in the month of April, to make or cause to be made 
an alphabetical list of the names of all persons or bodies cor- 
porate or politic in each ward of the City of Baltimore who 
shall be exercising, pursuing any business, or be doing any 
act or thing, or shall be in the use or occupation of any house 
or place for any purpose for which a license is made necessary 
by this sub-division of this Article, and to return such list to 
the Grand Jury of said city at as early a period as practicable 
after the first day of May then next ensuing: and the said 
Sheriff shall, withiii the first week of the month of April. c:nv[^f 



371 

a notice to be inserted in the daily papers of the city, cautioning 
all persons and bodies corporate or politic whom it may con- 
cern, to obtain a license, or renew the same, on or before the 
first day of May then next ensuing; and said Sheriff shall be 
entitled to receive fifty cents for everv license obtained bv any 
person whose name shall be contained in the list so returned 
by him, to be paid by the party applying for each license; but 
the failure of said Sheriff* to give the notice herein directed 
shall not excuse any neglect to obtain a license as required by 
the Public General Laws. 

3S0-1. eh. na. r. L. L.. (ISSS) Art. 4. sw. 069A. 

702. There shall be entered in writing by the Clerk of the 
Court of Common Pleas upon the face of all licenses obtained 
by individuals, firms or corporations to conduct business as 
trades in the City of Baltimore, the name of the street and 
number of the house or building, or if there be no number, a 
full desigTiation of the location of said house or building for 
which a license is applied for; and each license shall only auth- 
orize the transaction of business in one house or building, unless 
the individual, firm or corporation shall occupy more than one 
adjoining houses or buildings, and said houses or buildings have 
open, direct, internal communication with each other; in that 
case one license will cover transactions in said adjoining houses 
or buildings so arranged and occupied; provided, always, that 
any firm, individual or corporation may obtain any number 
of licenses to conduct business in any number of separate place'^ 
of business in said city, upon paying for each license a sum 
graded according to the amount of stock or merchandise gen- 
erally kept on hand or proposed to be kept on hand at the prin- 
cipal season of sale in said respective places of business, accord- 
ing to the Code of Public General Laws, Article 56, sections 
40 to 52, or snr'h amendments as may hereafter be added thereto. 

Kohr V. Gray, 80 Md. 274. 

MARINERS AND CHARITABLE MARINE SOCIETY 

OF BALTIMORE. 

p. L. L., (1860) Art. 4, sec. iX\0. P. L. L., (1888) Art. 4, sec. 670. 

703. Whenever a mariner residing in or sailing to or from 
the jK)rt of Baltimore shall depart this life intestate, and leav- 
ing no relations within the fifth degree, to be reckoned by count- 
ing down fi-om the common ancestor to the more remote, the 
whole surplus estate of such mariner, after paying debts, 
funeral expenses and cost of administration, shall devolve on 



372 

aud become the propertv of the Charitable Marine Society of 
Baltimore. 

MARKETS. 

p. I.. I.., (18G0) Art. 4, sec. 631. P. L. L., (1888) Art 4, sec 672. 

704. If any person shall buy, or cause to be bought, any 
kind of vegetables, dead meat, poultry, butter, cheese, tallow, 
eggs or hsh, in any of the markets of said city, or within ten 
miles thereof, with an intent to sell the same again in such 
markets, or city, or within two miles thereof, he shall for the 
tirst offence forfeit the article, or the value thereof; for the 
second offence, he shall forfeit the article and be fined four 
dollars, and for every other offence forfeit fifteen dollars, to be 
recovered in a summary way before a Justice of the Peace : 
provided, that the purchasing of pork, beef and hsh, by the bar- 
rel or other package, butter in firkins, or other packages not less 
than fifty pounds, bacon or cheese by the quantity, by any mer- 
chant or shop keeper, and selling the same again in his store 
or shop, shall not be deemed or taken as an offence against 
this section. 

/S'ee, Pfelieriug v. Baltimore City, 88 Md. 475, in relation to tlie powers 
of the city to rej^uhite aud control markets. 

P. L. I.., (1860) Art. 4, sec. 6.33. P. L. L., (1888) Art. 4, sec. 673. 

705. ^Mienever any person shall be found exposing for sale 
any of the articles enumerated in the preceding section, other- 
wise than in his store or shop, and there shall be good cause to 
suspect they have been purchased contrary to the provisions 
of the preceding section, it shall be lawful for any person 

,to apply to a Justice of the Peace for a warrant to apprehend 
the person so suspected, and the Justice shall have power to 
inquire into the offence; and if the person suspected be con- 
victed thereof, or if he cannot make it appear to the satisfaction 
of the Justice that he raised or made the articles offered by him 
for sale, or is disposing of them on account of the person who 
raised or made them, or that he bought the same ten miles or 
npwards from the City of Baltimore, he shall be deemed to }>e 
an off'ender against the provisions of the preceding section, and 
the fines and forfeitures shall be recovered in a summary way 
before the said Justice. 

7'. L. L.. (ISfiO) Art. A. sec. 034. 1'. L. I.., (1888) Art. 4. sec. 674. 

706. All butter sold by the pound in the said markets shall 
weigh sixteen ounces avoirdupois weight; and any person 
bringing butter to the said markets and offering the same for 



.1 >- •-) 



sale, of less Aveigiit than sixteen onnees avoirdnpois, shall for- 
feit the same, and it shall he seized and taken hy the clerk 
of the market and sold for the nse of the city. 

P. L. L., (1860) Art. 4, sec. t)3«. P. L. L., (ISSS) Art. 4, sec. 070. 

707. J^To charge, tax or fees shall be set, rated or levied 
upon any person or the property of any person who shall attend 
any of the markets of said city with any articles or produce 
from the country, to vend in said markets, of his own growth, 
produce or manufacture, or as the agent of the grower, producer 
or manufacturer of the same, unless such person shall occupy 
some place or stand in some of said market-houses; provided 
such person or agent be not a resident of said city. 

1\ L. L., (I860) Art. 4, sec. 637. P. L. L., (1888) Art. 4, sec. 077. 

708. If any clerk of the market, or any other person or 
otHcer appointed by or under the provisions of this Article, shall 
demand, receive or collect any tax or other charges from any 
person attending the markets of said city as provided in the 
preceding section, who shall be standing in the open streets, and 
who does not occupy any place or stand in the market, he shall 
be liable to a fine of twenty dollars for each offence, to be re- 
covered before any Justice of the Peace as small debts, one- 
half to the informer and the other half to the State. 

P. L. L., (1800) Art. 4, sec. 040. P. L. L., (1888) Art. 4, sec. 680 

709. The city may agree with the owners of any land or 
other property which it may deem expedient to purchase and 
hold, for the purpose of extending any market ; and if they 
cannot agree, or if there be any incapacity in the owners to 
contract in relation thereto, or if such owners be unknown or 
out of the State, any Justice of the Peace for said city, on 
application of the Mayor and City Council of Baltimore, may 
issue his warrant to the Sheriff of said city, commanding him 
to summon from the said city a jury of twenty freeholders, in- 
habitants of said city, not related to the owners or persons in- 
terested in the real estate or other property, to meet on the 
premises on some certain day to be named in said warrant, of 
which said warrant and the day therein named for the meeting 
of the jury, five days' notice shall be given previous to sucli 
day by the Mayor and City Council of Baltimore, to every 
owner or person interested, and left at his place of al)ode. 

p. ].. L.. (1860) Alt. 4. sec. 641. P. L. L., (1888) Art. 4, sec. 081. 

710. If any infant or lunatic or feme covert be the ownci- 
ill whole or in part of the property subject to be condeniiicd. 



374 

the notice shall be given to his or her guardian, trustee, com- 
mittee or husband, as directed in the preceding section. 

P. L. L., (1860) Art. 4. sec. &42. P. L. L., (1888) Art 4, sec. 682. 

711. If such owner, guardian, trustee, committee or hus- 
band resides out of the State, or is unknown, such notice shall 
be published not less than eight weeks, successively, in some 
one or more of the daily newspapers of said city. 

V. L. L., (3860) Art. 4, sec. 643. P. L. L., (1888) Art. 4, sec. 683. 

712. The owner of such property, or the guardian, trus- 
tee, committee or husband of the owner may, from the list of 
jurors returned by the Sheriff, strike four, and the Mayor and 
City Council of Baltimore, four, so that the number of jurors 
may be reduced to twelve ; and if either party neglect or fail to 
strike off the names of jurors, the Sheriff' or his deputy shall 
strike for the party so failing or refusing. 

P. I>. L., (1860) Art. 4, sec. 644. P. L. L., (1888) Art. 4, sec. 684. 

713. The Sheriff or his deputy shall, before the said jury 
proceed to act, administer to each of the jurors an oath, justly 
and impartially to value the damages which the o^vners or par- 
ties holding an interest in the property to be condemned will 
sustain by the use and occupation thereof by the Mayor and 
City Council of Baltimore. 

P. L. L., (1860) Ai-t. 4, sec. 645. P. L. L., (1888) Ait, 4, sec. 685. 

714. The jur}^ so qualified shall inquire into, assess and 
ascertain the sum of money to be paid by the Mayor and City 
Council of Baltimore, for the land or other property to be con- 
demned, having regard to all the circumstances of damage or 
benefit to result to such owner or party interested therein. 

P. L. L., (1860) Art. 4, sec. 646. P. L. L., (1888) Art. 4, sec. 686. 

715. The jury shall reduce their inquisition to writing, and 
shall sign and seal the same, and it shall then be returned by 
the Sheriff to the Clerk of the Superior Court of said city, and 
be bv such clerk filed in his office, and shall be confirmed bv 
said court at its next, session if no sufficient cause to the con- 
trary be shown, and when confirmed shall be recorded by the 
said clerk at the expense of the Mayor and City Council of 
Baltimore. 



375 

p. L. ],.. (18t>0) Art. 4, see. G47. P. L. L., U^SS) Art, 4, sec. 687. 

716. If said inquisition be set aside by the said court, the 
court shall direct another inquisition to be taken in the manner 
hereinafter directed. 

P. L. L., (1860) Art. 4, see. 648. P. L. L., (1888) Art. 4, sec. 688. 

717. Every such inquisition shall describe the property 
taken or the bounds of the land condemned, and the quantity 
or duration of the interest in the same valued to the Mayor 
and City Council of Baltimore; and such valuation, when paid 
or tendered to the owner of said property or his legal represen- 
tatives, shall entitle the Mayor and City Council of Baltimore 
to the full, legal and equitable title, interest and estate of the 
owners of said property, estate and interest in the same thus 
valued, as fully as it had been held by the owners of the same ; 
and the valuation, if not received when tendered, may at any 
time thereafter be received without interest by the said owners, 
or their legal representatives. 

P. L. L., (1860) Art. 4, sec. 649. P. L. L.. (1888) Art. 4, sec. 689. 

718. If the twenty jurors sununoued as hereinbefore di- 
rected shall not appear at the time and place mentioned, the 
Sheriff or his deputy shall forthwith summon other freeholders 
of the city, qualified as before directed to make up the said 
jury to the number of twelve. 

p. I.. L., (1888) Art. 4. sec. 650. P. L. L.. (1888) Art. 4, sec. 690. 

719. The jurors summoned and attending shall be allowed 
one dollar per day for their services ; the Sheriff' shall be allowed 
the same fees as for summoning jurors to the Superior C(nirt, 
and two dollars a day for each day he or his deputy shall attend 
upon such inquisition; and such expenses shall be paid by the 
Mayor and City Council of Baltimore, except in cases of 
objection to the confirmation of the inquisition, when the costs 
in said court, may be awarded in the discretion of the court. 

MOKTGAGES. 

1833, eh. 181. 18.H6, ch. 249. P. L. L., (1860) Art. 4, sec. 782. 
P. L. !>., (1888) Art. 4, sec. 692. 1890, ch. 197. 

720. In all cases of conveyances of lands or hereditaments 
or of chattels real, or goods and chattels personal, situate in the 
said city, wherein the mortgagor shall declare liis assent to tlie 
passing of a decree for the sale of the same, it shall be lawful 
for the mortgagee or his assigns at any time after filing the 



376 

same to be recorded, to submit to either of the Circuit Courts 
of Baltimore City the said conveyances or copies thereof, under 
seal of the Superior Court; and the Circuit Court to which 
the same is so submitted, may thereupon forthwith decree that 
the mortgaged premises shall be sold at any one of the periods 
limited in said conveyances for the forfeiture of said mortgages 
or limited for a default of the mortgagors, and on such terms 
of sale as to the said court may seem proper, and shall appoint 
by said decree a trustee or trustees for making such sale, and 
shall require bond and security for the performance of the 
trust as is usual in cases of sales of mortgaged premises. 

Eiclielberger v. Harrison, 3 Md. Ch. 39. Cronise v. Clark, 4 Md. Ch. 
403. Williams v. Williams, 7 Gill 302. Ing v. Cromwell, 4 Md. 31. 
Gatchell v. Presstman, 5 Md. 161. Kanffman v. Walker, 9 Md. 229. 
Robertson v. Amer. Homestead Association, 10 Md. 397. Kenly v. Wier- 
man, 18 Md. 302. Black v. Carroll, 24 Md. 252. Franz v. Teutonia Bldg. 
Ass'n, 24 Md. 269. Brooks v. Hayes, 24 Md. 518. Seebold v. Lockner, 
30 Md. 133. Tome v. Merchants and Mechanics Bldg. Ass'n, 34 Md. 12. 
Heuisler v. Nikum, 38 Md. 270. Shaefer v. Amicable P. L, & L. Co., 47 
Md. 126. Kerchner v. Kemptou, 47 Md. 568. Gustave Adolph Bldg. 
Ass'n V. Kratz, 55 Md. 394. Abrahams v. Tappe, 60 Md. 317. Trayhern 
V. Colburn, 66 Md. 280. Bernstein v. Hobelman, 70 Md. 29. Chilton v. 
Brooks, 71 Md. 445. Roberts v. Loyola Bldg. Ass'n 74 Md. 1. Haskie 
V. James, 75 Md. 568. Hughes v. Riggs, 84 Md. 505. Connaughtou v. 
Bernard, 84 Md. 589. Knapp v. Anderson, 89 Md. 189. 

Mortgages; Powers of Circuit Court Xo. 2. Circuit Court No. 2 of 
Baltimore City has power to pass an ex parte decree authorized by a 
mortgage executed prior to the establishment of said court. Miller v. 
Gunkle, Daily Record, April 2, 1892. 

Powers of Sale and Assent to Decree. The power of sale and assent 
to the passage of a decree contained in a mortgage, is a power coupled 
with an interest. Easter v. Easter. Daily Record, January 23, 1897. 

1833, ch. 181. 1880. ch. 216. P. L. T... (1888) Art. 4, sec. 693. 
721. The trustee or trustees so appointed, after having given 
bond with security, may, after the arrival of the period limited 
by the decree for a sale, sell, agreeably to the terms of said 
decree, the mortgaged property or any part thereof ; the mort- 
gagees, their executors, administrators or assigns, if the mort- 
gage claim shall have been assigned before such sale, or their 
duly constituted agent or attorney, after the arrival of the 
period aforesaid, verifying by their oath a statement of the 
amount of said mortgage claim remaining due, before the 
Judge of said court or before any Justice of the Peace of this 
State, the official character of any Justice of the Peace for any 
county being certified under his official seal by the Clerk of the 
Circuit Court for the county where the affidavit is made, where 
the affidavit is made outside of the Citv of Baltimore, or before 



37Y 

auY person outside of this State authorized to take ackuowledg- 
ments of deeds ; and such statement shall be filed in said court. 

Hays V. Doisey, 5 Md. 99. Ziegler v. King, 9 Md. 330. White v. 
Malcolm, If. Md. 529. Brooks v. Hayes, 24 Md. 507. Md. Perm. Bldg. 
Society v. Smith, 41 Md. 516. Hughes v. Riggs, S4 Md. ,505. McCause- 
land V. Humane, etc. Society, 95 Md. 744, 

P. L. L., (1860) Art. 4, sec. 784. P. L. L., (1888) Art. 4, sec. 694. 

722. Such sales and the conveyances thereupon shall have 

the same effect, if finally ratified by said court, as if the same 

had been made under decrees between the proper parties in 

relation to the mortgages, and in the usual course of said court. 

Gatchell v. Presstman, 5 Md. 161. McDowell v. Goldsmith, 6 Md. 319. 
Monimiental B. Ass'h No. 2, v. Herman, 33 Md. 128. Morrill v. Gelston's 
Lessee, 34 Md. 413. Carroll v. Kerschuer, 47 Md. 262. Rau v. Robert- 
son, 58 Md. .506. White v. McClellan, 62 Md. 347. Albert v. Hamilton, 
76 Md. 304. 

P. L. L.. (1860) Art. 4, .sec. 785. I*. L. L., (1888) Art. 4, sec. 695. 

723. The trustee or trustees shall report the sales to tlie 
court for its consideration and ratification or rejection; and 
such orders shall pass therein touching such ratification as are 
usual on sales of mortgaged property in said court. 

Hardy v. Smith, 41 Md. 1. Haskie v. James, 75 Md. 568. Albert v. 
Hamilton, 76 Md. 309. 

P. L. L., (1860) Art. 4, sec. 786. P. L. L., (1888) Art. 4, sec. 696. 

724. Any allegations may be made, and proof under the 
orders of the said court exhibited, and a trial of the allegations 
had as the court shall prescribe, to show that the sales ought not 
to have been made. 

Robertson v. Homestead Bldg. Ass'n, 10 Md. 407. Black v. Carroll, 
24 Md. 251. Heuisler v. Nickum, 38 Md. 273. Equitable M. li. I. Ass'n 
V. Becker, 45 Md. 632. Bernstein v. Hobelman, 70 Md. 29. Roberts v. 
l.oyola P. B. A., 74 Md. 1. Haskie v. James, 75 Md. 568. Albert v. 
Hamilton, 76 Md. 304. Richardson v. Owens, 86 Md. 664. 

The cases cited under section 724, mainly relate to proceedings insti- 
tuted to set aside sales under this sub-division of this Article. 

1'. L. ]... (isco) AH. 4, sec. 7s7. P. T.. I... (1888) Art. 4, .sec. 697. 

725. The said court, upon being satisfied of the truth of 
said allegations, shall reject and set aside the sale, and in such 
case no part of the costs or expenses or trustee's commission, 
if any .such commission be claimable, in relation to the said 
sales, shall be chargeable upon said property, or the mortgagors, 
their heirs, executors, administrators or assigns, but shall be 



378 

wholly chargeable against the persons at whose instance or 

for whose benefit the said sales shall have been proposed to be 

made. 

Equitable liand Impint. Ass'n v. Becker, 45 Md. 634. 

18.33, ch. 181. 1'. L. L., (1860) Art. 4, sec. 788. P. L. L., (1888) Art. 

4, sec. 698. 

726. The clerk of said court shall file and record the said 
decrees, and docket the cases of the application therefor; and 
in the said decree, and to be recorded therewith, shall file a copy 
of the mortgage upon which the same was rendered, and shall 
be entitled to the usual fees for such services. 

1833, ch. 181. 1'. L. L., (1860) Art. 4, sec. 789. P. L. L., (1888) Art. 

4, sec. 699. 

727. Any entry on the docket of said court by the person 
entitled to assign the said mortgage claim, of the use and bene- 
fit of said decrees, shall have the same effect as assignments 
and conveyances of the said mortgage interests, to have effect 
and precedence from the time of their respective entries ; and 
the said entries shall not be made without an order or direction 
in writing, to be acknowledged before the Judge of said court, 
or a Justice of the Peace, by the persons purporting to sign 
the same, and filed and recorded bv said clerk. 

IK^J. rh. ISl. P. L. L.. (1860) Art. 4, sec. 790. P. L. L.. (1SS8) Art. 

4, sec. 700. 

728. The duly authorized entries upon the docket of said 
court, of the satisfaction of said decrees, and the discharge of 
said mortgage claims, made by the persons entitled to receive 
said claims, shall have the same effect to discharge the moa-tgaged 
property of said mortgage, and all liens thereunder, as any 
conveyances by the parties interested in such claims, and the 
holders of the legal estate and interests therein, if competent to 
convey, could have at law or in equity ; but such entries shall 
not be made without an order or direction in wi'iting, acknowl- 
edged by the persons purporting to have signed the same, before 
the Judge of said court, or a Justice of the Peace, and filed by 
the clerk of said court ; and the entries shall refer to such orders 
or directions, and the names of the persons aforesaid : and said 
order and directions shall be recorded in said court with said 
decrees. 

1833, ch. 181. I'. I., r... (1S60) Art. 4. sec. 791. P. L. 1... (18.S8) Art. 

4, sec. 701. 

729. The said court may, at its discretion, from time to time, 



379 

appoint any other trustee or trustees in place of those appointed 
by the decree ; and the proceeds of such sales shall be accounted 
for, to, and distributed by, said court, in the manner usual in 
cases of sales imder decrees of said court. 

P. L. L.. (1S60) Art. 4. see. 792. P. L. L.. (1888) Art. 4, see. 702. 

730, Any mortgagee of property in the City of Baltimore, 
his assignee or. executor, where a power to sell is contained in 
the mortgage, may proceed under Ai'ticle 66 of the Public Gen- 
eral Laws, title "Mortgages," but notices of sale under such 
power shall be published in two daily newspapers in said city 
for the period required by law. 

Chilton V. Brooks, 71 Md. 445, 453. Roberts v. Loyola, P. B. Ass'n, 
74 Md. 3, 4. Knapp v. Auderson, 89 Md. 190. 

Advertisement. Requisites of a valid advertisement. — Kaufman v. 
Walker, 9 Md. 229. White v. Maleolm, 15 Md. 529. Reeside v. Peter, 
.33 Md. 120. Stevens v. Bond. 44 Md. 506. Wareheim v. Building Ass'n, 
44 Md. 512. Direks v. Logsdou, 59 Md. 173. Mistakes in advertisement ; 
efFeet of.— Brooks v. Hays. 24 Md. 507. Patterson v. Miller, 52 Md. 388. 

An)ie.ration Act. Effeet of, on power to sell. — Chilton v. Brooks, 71 
Md. 445. Roberts v. Loyola P. B. Ass'n, 74 Md. 3. 

Assignment of Mortgage. Effect on power of sale. — Russum v. Waaser, 
53 Md. 92. Bouldin v. Reynolds, 58 Md. 491 and Erb v. Grimes, 94 Md. 
92. 

Auctioneer. See, "Mis-statement of Auctioneer." 

Audit. When audit may be dispensed with. — Koins v. Shaffer. 27 Md. 
83. 

Bond of Foreclosure. — See, Coekey v. Coale, 28 Md. 276 and Ware- 
heim v. Carroll Bldg. Ass'n, 44 Md. 512. 

Commissions. Commissions in mortgage sales are not chargeable 
against the mortgagor as being embraced in the term "expenses of sale." 
Johnson v. Glenn, SO Md. 369. Commissions in mortgage sales are a 
matter of contract. — Dorsey v. Omo, 93 Md. 74. 

Debt. Nature of mortgage debt. — W. M. R. R. Co. v. Goodwin, 77 
Md. 271. 

Decree. Effect of void decree. — Kerchner v. Kempton, 47 Md. 568. 

Default. See, "Insurance and Interest." 

Exceptions. When and by whom exceptions to ratification of sale 
may be filed. — Aukum v. Jantziger, 94 Md. 421. Bond v. Gray Imp. 
Co., 102 Md. 426. 

Expenses of Sale. See, "Commissions." 

Inadequacy of Price. When suflicient ground for setting aside sale 
uiifler power to sell.— Harniekell v. Orndorff. 35 Md. 341. Horsey v. 
Hough. .38 Md. 130. Condon v. Maynard, 71 Md. 601. Carroll v. Hut- 
ton. 91 Md. 379. 

InHuranvc. When failure to pay constitutes default. — Walker v. 
Coekey, 38 Md. 75. Right of mortgagee to insurance on mortgaged 
premises wlion fire takes i)lace after siile, but before ratification thereof. 
— Bowdoin v. Hammond, 79 Md. 173. 

Interest. When non-payment of interest constitutes default. — Mow- 
bray V. Leckie. 42 Md. 474. Ae<"ei>tanee of Interest by mortgagee after 



380 

♦h't'ault does not constitute waiver of latter's right to foreclosure. — 
Mahoney v. McCubbin, 52 Md. 357. 

Jurisdiction. Jurisdiction of coiu't in sales under powers. — Cockey v--. 
Coale, 28 Md. 276. 

Misstatements. Setting aside sale under a power on account of mis- 
statements of auctioneer.- — Schaeffer v. Bond, 70 Md. 480. 

Mortgage Notes. When filing of same unnecessary. — Heidel v. Bladen, 
83 Md. 225. 

Mortgagor. Effect of death of on power to sell. — Berry v. Skinner. 
80 Md. 567. 

Notice. R<qiiisitcs of Valid Notice of ^ale. White v. ]Malcolm. 15 
Md. 529. Dircks v. Logsdon, 59 Md. 17.3. Carroll v. Hutton, 91 Md. 
379. Errors in Notice.— White v. McClellan, 62 Md. 347. 

Power to Sell. The power to sell is a power coupled with an interest. 
—Berry v. Skinner, 30 Md. 567. Dill v. Satterfield, 34 Md, 52. Har- 
nickell v. Orndorff, .35 Md. 541. W. M. R. R. Co. v. Goodwin, 77 Md. 
271. Aud as such is assignable. — Russum v. Wauser. 53 Md. 92. Boul- 
din V. Reynolds, 58 Md. 491. Erb v. Grimes. 94 Md. 92. Is a power 
coupled with an interest when conferred on the mortgagee. — -W. M. R. 
R. Co. V. Goodwin. 77 Md. 271. And not ivlien conferred on a third 
party who has no interest in the estate and. does not pass to his per- 
sonal representatives. — Barrick v. Horner, 78 Md. 253. 

Where an Assignment is Made for the purpose of foreclosure only, 
the power to sell is not a power coupled with an interest and does not 
pass to the personal representatives of the assignee, nor can latter exer- 
cise same.— Taylor v. Carroll, 89 Md. 32. 

The Mortgagee's Power of sale is not affected by an order of the 
<')rphans' Court directing the mortgagor's executor to sell the mortgaged 
premises. — Mish v. Lechlider. 89 Md. 275. 

Though not Exercisable by a corporation as assignee, a power of sale 
may be exercised by the assignee of such corporation. — Maslin v. Mar- 
shall, 94 Md. 4.30. 

Rati/ication of Sale. Grounds for objection to ratification of sale 
under power to sell. — Hubbard v. .Tarrell. 23 Md. 6('>. 

Sales. A sale for cash where terms of sale are not stated in mortgage 
is valid. — Powell v. Hopkins, 38 Md. 1. When a sale in solido will be 
set aside.^ — Patterson v. Miller, 52 Md. 388. A power to sell property 
out.side of the county in which it lies cannot be given in a mortgage. — 
Webb V. Haeffer, 53 Md 187. No order of Orphans' Court is required 
in sales of mortgaged property by executors of assignee of mortgage. — 
Chilton V. Brooks, 71 Md. 453. Sales where division of land was im- 
proper.- — Carroll v. Hutton. 91 Md. 379. The discretion of the trustee 
as to the mode of offering property for sale under power to sell in mort- 
gage must be properly exercised.- — Thomas v. Fewster, 95 Md. 450. 
When sale will he set aside. — Kauffman v. Walker, 9 Md. 229. Ofily 
sufficient property should be offered for sale to pay the mortgage debt 
and expenses when the property is divisible in a practical manner. — 
Mays V. Lee. 100 Md. 229. Sale hg assignee of mortgage under power 
of sale ; duty of such assignee. — Wicks v. Westcott, 59 Md. 270. 

Trustee. A trustee cannot purchase at his own sale. — Korns v. Shaf- 
fer, 27 Md. 83. Duty of trustee under power to sell to all parties. — 
Dickerson v. Small. 64 Md. 395. Carroll v. Hutton, 88 Md. 679. For 
a full discussion of duties of trustee In relation to sales of mortgaged 
property under power of sale. See. Wicks v. Westcott. .59 Md. 270. 



381 

1833, ch. 181, sec. 3. 1864, ch. 124. P. L. L., (1888) Art. 4, sec. 703. 

731. Where a default of the mortgagors has taken phiee 
before the said conveyances have been submitted to the Circuit 
Court of Baltimore City, it shall, nevertheless, be the duty of 
said court, upon the submission of the said conveyances to such 
court, after the said default, to forthwith decree that the mort- 
gaged premises shall be sold on such terms of sale as to the said 
court shall seem proper, and to appoint by said decree a trustee 
or trustees to make such sale, requiring bond and security for 
the performance of the trust, as is usual in the case of the sale of 
mortgaged premises : and the said trustee or trustees may sell 
the same agreeably to the terms of the said decree; but before 
each sale the mortgagee or mortgagees, or some of the mort- 
gagees, or the executor or administrator of a deceased mort- 
gagee, or the assig-nee or assignees of the mortgagee or one of 
such assignees, or the executor, or administrator of a deceased 
assignee, shall file in the court in which the said proceedings are 
pending, a statement of the amount of the said mortgage claim 
remaining due, verifSdng the same by the oath or affirmation of 
the party filing the same ; and the said affidavit or affirmation 
may be made before any of the persons mentioned in section 721 
of this Article, and the same shall be authenticated as provided 
for in section Y21, 

Hays V. Dorsey. 5 Md. 99. Gatchell v. Pre.sstmau. 5 Md. 161. Black 
V. Carroll, 24 Md. 2.">2. T'.rf.cks v. Hays. 24 Md. .507. Connauffhtoii v. 
Bornard. 84 Md..595. 

1898, ch. 327. 

731a. If, upon a sahi of the whole mortgaged property by 
virtue of a decree passed under an assent to the passing of a 
decree contained in the mortgage under the provisions of section 
720 of this Article, the net proceeds of sale, after the cost and 
expenses allowed by the court are satisfied, shall not suffice to 
pay the mortgage debt and accrued interest, as the same shall be 
found and determined by the judgment of the court upon the 
report of the auditor thereof, the court may, upon the motion 
of the plaintitV, the mortgagee or his legal or equitable assignee, 
after due notice, by summons or otherwise, as the court may 
direct, enter a decree in personam against the mortgagor or 
other party to the suit or proceeding, who is liable for the pay- 
ment thereof, for tlie amount of such deficiency; pi'ovided the 
mortgagee or his legal or er|uitable assignee would be entitled to 
maintain an action at law upon the covenants contained in the 
mortgage for said I'esidue of said mortgage debt so remaining 
unpaid and unsatisfied by the proceeds of such sale or sales; 



382 

which decree shall have the same effect and be a lien as in a case 
of a judgment at law, and may be enforced in like manner by a 
writ of execution in the nature of a writ of fieri facias by attach- 
ment or otherwise. 

1864, eh. Ili4. 1'. L. L., (1888) Art. 4, sec. 704. 

732. The provisions of sections 722 to 729, inclusive, of this 
Article, shall apply to all the proceedings under section 731. 

1910. ch. 157. 

732A. Any affidavit, affinnation or acknowledgment naen- 
tioned in the preceding sections of this Article relating to mort- 
gages, or incidental to any proceedings thereunder, may be made 
before a notary public. 

1914, ch. 587. 

732A. Municipal Liens. The Mayor and City Council of 
Baltimore may establish a sub-department or bureau where the 
record of all municipal charges and assessments of every char- 
acter may be kept, and may provide for the issuance of a certifi- 
cate stating whether any, and if so what, municipal charges or 
assessments exist against any particular property, and for 
making a reasonable charge for such certificata 

NOTARIES PUBLIC. 

1801, ch. 86, sec. 2. 1872, ch. 191. 1880, ch. 21. 1886, ch. 14. 1890. eh. 

71. 1892, ch. 373. 1896, ch. 137. 1898, ch. 81. 1898, ch. 123. 

1900, ch. 150. 1902, ch. 112. 1902, ch. 321. 1904. ch. 15. 

P. G. L.. (1860) Art. 67. sec. 1. P. L. L., (1888) 

Art. 4. sees. 704A, 704A 1-2. 

733. The Governor, by and with the consent of the Senate, 
shall appoint and commission twenty l^otaries Public for each 
of the Legislative Districts of Baltimore City, and twenty 
Notaries Public at large for said city, to be selected from such 
districts as the Governor may elect and determine. 

As to how far a Notary Public may impeach his certificate, see, Cen- 
tral Bank v. Copeland, 18 Md. 305. Matthews v. Dare, 20 Md. 271. 
Highburger v. Stiffler. 21 Md. 351. Nicholson v. Snyder. 97 Md. 415. 

1904, eh. 227. 

733A. In addition to the Notaries Public heretofore author- 
ized and mentioned in section 733 of this Article (as repealed 
and re-enacted by the Acts of the General Assembly of 1904), 
the Governor, bv and with the advice and consent of the Senate, 



383 

shall appoint and commission tweuty-tive additional Notaries 
Public at large, to be selected from such ward or wards as the 
Governor may elect and determine. 

1906, ch. 317, sec. 1. 

733Aa^ The Governor, by and with the advice and consent 
of the Senate, is authorized to appoint twenty Notaries Public 
for Baltimore City, two of whom may be females, in addition 
to the number now authorized bv law. 

1904, ch. 15. 

734. No person shall be eligible to the office of Notary Pub- 
lic except a citizen of the United States who has resided in the 
State for two years previous to his appointment; but women 
otherwise qualified, shall be eligible to said office, provided the 
number of said women so appointed and commissioned shall not 
exceed ten in number. 

OYSTERS. 

1892, ch. 630. P. L. L.. (1SS8) Art. 4, sec. 704B. 

735. All oysters in the shell sold in the City of Baltimore 
shall be measured by a licensed measurer ; any person may ob- 
tain a license therefor from the Clerk of the Court of Common 
Pleas by paying therefor the sum of ten dollars and taking an 
oath before said clerk for the faithful performance of his duty ; 
said license shall hold good for one year; a measurer shall re- 
ceive for his services one-half cent per bushel, to be paid equally 
by the buyer and seller ; any person violating the provisions of 
this section shall be deemed guilty of a misdemeanor, and on 
conviction, shall be fined not less than twenty nor more than 
fifty dollars for ea(;h offence, and imprisoned until the fine and 
costs shall be paid. 

PARKS AND SQUARES. 

1876. ch. :!4t. P. [>. L.. (1888) Art. 4, sec. 712. 

736. The Board of Park Commissioners, for the purpose 
specified in section 06 of this Article, is empowered to form a 
zoologicji] collection within the limits of any of the parks and 
squares under its control. 

The Act lOfMi. di. f.S, authorizes flie Mayor and City Coimcil of Balti- 
more to retain as a ptihlic rcseivation or park, the trlanguhir lot of 
;;rouii(l at tiic iiitersectif>ri of IToi»kiiis Plaoe and Baltimore street. 



384 

187G, eh. 344. l". J.. ].., (1888) Art. 4, sec. 713. 

737. The said Commissioners are authorized to receive sub- 
scriptions of money for the purpose of said collection not to 
exceed in amount one hundred thousand dollars, and to issue 
certificates of stock therefor, in sums of not less than one hun- 
dred dollars, each l>earing interest at the rate of six per cent.,^ 
payable half-yearly out of the income derived from said collec- 
tion, which certificates shall be signed by a membei- ()f said 
Commissioners appointed by them for the purpose, and tlie 
secretary thereof, and have attaclied thereto a seal, which the 
said Commissioners are authorized to adopt for the purpose. 

1876, ch. 344. P. L. L.. (18S8) Art. 4, sec. 714. 

738. In addition to the six per cent, interest aforesaid, each 
holder of a certificate shall be entitled to receive for every one 
hundred dollars subscribed by him or her, as many free entrance 
tickets to the zoological collection as the said Commissioners 
may deem proper. 

1886, ch. 438. P. L. L.. (1888) Art. 4, sec. 720. 

739. The Mayor and City Council of Baltimore are author- 
ized to issue bonds or certificates of indebtedness of said corpo- 
ration to an amount not exceeding one hundred thousand dollars, 
to be applied to the purchase of ground for and the establish- 
ment of a park in that portion of the City of Baltimore lying 
west of Poppleton street and south of Franklin street in said 
city; which said bonds or certificates of indebtedness shall be 
payable at such times and bear such rate of interest not exceed- 
ing three and one-half per centum per annum, as the said Mayor 
and City Council shall provide by ordinance ; provided, that the 
said bonds or certificates of indebtedness shall not be issued 
unless the ordinance which the Mayor and City Council of Balti- 
more are authorized to enact for that purpose shall be approved 
by a majority of the votes of the legal voters of said city, cast at 
the time and places to be designated by said ordinance, in the 
provision for submitting the same to the legal voters of said 
city, as required by section 7, Article XI, of the Constitution of 
Maryland ; provided, however, that the said bonds or certificates 
of indebtedness shall not be sold for less than par ; and the said 
Mayor and City Council of Baltimore are authorized to 
provide by ordinance for the laying of such an annual tax as 
shall be sufficient to pay the interest on said bonds or certificates 
of indebtedness, and provide a sinking fund for their redemp- 
tion at maturitv. 



385 



1904, c-h. 42. 



739a, From and after the date of the passage of this Act no 
building, except churches, shall be erected or alte